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Variance No 09-02
variance Request No. 09-02 201 Tyler Avenue • City of Cape Canaveral { • APPLICATION FOR VARIANCE f� 2a Date Filed G--.26i-c,9 Fee Paic1.525b,CAD $250 Filing Fee is non-refundable Description of Request: (Insure that the-specific sections of the Zoning Ordinance that allow & support your request are noted). Attach separate sheet if necessary. J«•'i,or1 // . .c,9 n'1 - e•',6¢,kJ. 7 1eafe see 61- C4c(i S'epewI1' Stat e l' --- — Address of request: c2 S / A r ,'it c . 14 e vat/e �1A�I�n9pday.es, Wind«q La,k_eC.rcle. Dvtedo, FL 32`765 Legal Description: Lot(s) I. D I, Block Tot. ,Subdivision Avon 81 .111e- Sett., Section oZ 3 , Township di 5 , Range 31 E • hvorl by-fhe 3erL S+.t,bc i 51orl • STATEMENT OF FACT: State of Florida, County of Brevard yr G� l0- c�Ci -i, I, /k, fl,rr •ltri(er- /741) ,being duly sworn, depose and say that: s/I am the owner.Ls) I am the owner(s) designated agent.(Attach notarized letter of authorization). Owner(s) Name: vaviCI 7)• <)c.ne,S•) ChD /fes i 4 Fr r�i'c--J n�Fs P4 Address: .2&/ TyA.i.- terve . G(4r4 C4.11.hi 4 // F-4 Home Phone: 4'¢7 Gl9 )24/ Work Phone: V07. 3S9 „ZS-7Z FAX: 90(.7 3S, CAIR Ctni�J/ cq// Ki✓1tJ All information, sketches and data contained and made part of this request, are honest and true to the best of my knowledge and belief. Sworn to and subscribed before me Signature,of Applicant: on this 2' day ofZ T e , 2c1579 ,,y«�",,,,,, MM GOFORTH ACL I �;; `�) Notary Public-State of Florida • Notary Public, St f Florida I 'Co" " May 16,2013 Commission I DO$53695 ����` Beamed t7rauy�Nsueoal NNxy Itan,A The completed request form and the$250.00 filing fee must b XiI s 8s tmioovs-ceg11 .Prow iNFAIRI 14 days prior to the.Planning&Zoning Board meeting. The Board of Adjustment meeting will be set after the request is heard by the Planning&Zoning Board. FOR CITY USE ONLY Notice of Public Hearing Published in Newspaper on Notice to applicant be Certified Mail No. on Notice posted on Bulletin Board on- Notice posted on subject property on Property owners w/in 500 ft.notified on LLCM Variance Application/Aug.00/Page 1 of 4 A.a 6.00+ 00 [ariance Request No. 09-02 3 Allow a Screen Pool Encl. in VARIANCE APPLICATION WORKSHEET ide setback at 201 Tyler Avenu This worksheet must be completed, legible, and returned, with all required enclosures referred to therein, to the Building Department; at least 14 days prior to the scheduled meeting to be processed for consideration by the Planning and Zoning Board for study and recommendation to the Board of Adjustments. You and your representative are required to attend the meetings and will be notified by certified mail of the date and the time of the meetings. The Planning &Zoning Board holds its regular meeting on the 2nd and 4th Wednesdays of every month at 7:30 P.M. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida,unless otherwise stated. ALL OF THE FOLLOWING INFORMATION MUST BE SUPPLIED TO PROCESS THE APPLICATION. 1. See STATEMENT OF FACT (attach notarized letter of authorization if not actual owner) 2. PROPERTY ADDRESS OF REQUEST: (if address is not available,give general location) o2sz5/ %//P - ivr eve , i,p e Cap/aveF/c'�i 3. COMPLETE LEGAL DESCRIPTION OF PROPERTY: Lot: /. , Block: /4 2- ,Subdivision: AVM')OYl Dl" The SCA, Parcel: ,Section a3 ,Twp. a43 , Rge. 31 E 4. Size of Subject Property (calculate acreage): .II C.Cte5 // 5. Ordinance Section under which Variance is being sought: ,, c ken //O — 58 7 . 6. Current Zoning Classification of Subject Property: 7. Attach to this worksheet a letter giving a complete description of the Variance requested and any and all pertinent details and information. 8. VARIANCES ARE TO BE AUTHORIZED WHERE THEY ARE NOT CONTRARY TO OTHE PUBLIC INTEREST AND WHERE, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE TERMS OF THE ORDINANCE WOULD RESULT IN, UNNECESSARY HARDSHIP. THE ORDINANCE SETS FORTH SPECIFIC CONDITIONS-WHICH MST ALL BE DEMONSTRATED BY THE APPLICANT BEFORE THE BOARD IS EMPOWERED TO GRANT THE VARIANCE. PLEASE ADDRESS EACH ONE IN WRITING. IF THE APPLICANT CAN NOT SATISFACTORILY ADDRESS ALL OF THE FOLLOWING,THIS SHOULD SERVE AS A PRELIMINARY INDICATION THAT THE APPLICATION MAY BE REJECTED. Variance Application/Aug.00/Page 2 of 4 3 THE CONDITIONS ARE AS FOLLOWS AND ITEMS (A) THROUGH (F) MUST BE ANSWERED IN FULL: (Ordinance 110-62) A. That special conditions and circumstances exist which are unique to the land, structure or building involved and are not applicable to other lands,buildings or structures in the same district. 7— i'Ye i.s /cfr 71174" ('cam v�'rc��? (-9 rren.--) 5-/de Ch le ! /i ). .5/cdc(Covow- /c / /ine-) a J Ze k— uYr c ,./7 /tee F. TI PVC /iG o b�'�c /js v/ 77 q lea h/i,�ce` i a vid eic e ii/�r"O r li,� r � B. That literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. 'Tool epic/osvr s art CEy'/e( h,` e7l,rk^ pry f,.��'ps, IBJ-en/4/ 1c '/� eau) (floe CeJSa`2/ 4141 &kid& I9a1!f ///J Sl°LQi- '/a// /U 71b -r e TGt ti,/// {y1 P/n b e/%I • 1)P/!'1 /77'rfi -Gt //t v'• IL 71v iG>I ec.)- f � � C. That the special conditions and circumstances referred to in item (A) above do not result from the actions of the applicant. avirac7'r a /Ltfi'f*'I aid e tl)c.� /e re- e .SC'Artir/ (A)c- wtrc• /gal it 44/pve a// at,/i;a1.- e-' pe,��„ /s Add ,A>&67, U A 11 n UAW/ <,c%^v/� kid s Male /z:%. 5/c11 a r 9/, }h c 14( SSC`'t�w7 F� /' CCGv�/Y/�e, d ei.E /ra -i- c.D/kg�ii_,) . •/Xtra/e 1 74D ��=y /4, 714 s �c , If D. That granting the variance requested will not confer on the applicant any special privileges that are denied by the ordinance to other lands, structures or buildings in the same district. h 1' Va r r�ac e r Sec // (io Pi- /fel c'o d/l`t-- (^ c, 0 ft 'C'_S- • //✓ e iT P6H.‘11- r ?r,,AC I/Cl'7 ��i o1-- ev /p4'ei/en. i1/fr��-a/%lc /C �j�r6c /C`vS �2/'- / f5 c /'''5 • �J Variance Application/Aug.00/Page 3 of 4 E. That the reasons set forth in the application justify the granting of the variance,and that the variance,if granted, is the minimum that would make possible use of the land,building or structure. / TAj' e 1��// fi/to/I trS t[,'% /1i f�y�r�'' -a ✓re,(-bei,U �G , c c! 4;le. �r4141/ L 1191.5 V V/gym Q (9( se //9 ev,ale,.S A'//l,>na/// frdtfri �xl'S>li� r�fci/re#i/}J . /, F. That the granting of the variance will be in harmony with the general intent and purpose of the zoning code,will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. ��I/ C�Y'�04' "1-W va)ri akice i.5 .;n /1arNnc/�l/ 4/1) )i ; irv�J 1Gi�irlf d t .Sec. //O /cJol e:nckizsarc C.vi/I Fhe.t.icct C1�fl4' f {l"Lsm �1�7pN - GtM:9-/C' . (ca c l/E , ;#...rec/ A/4s cc/hde GL /hi bC'Gi(iT/ fl/' e he.i hbsk•h6Cd arn'( ra.,f/. prvac A/c S• i WHILE THESE CONDITIONS MAY SEEM UNDULY HARSH AND STRINGENT TO THE INDIVIDUAL APPLICANT,IT MUST BE REMEMBERED THAT THE ZONING ORDINANCE WAS ENACTED FOR THE BENEFIT OF THE COMMUNITY AS A WHOLE BE REQUIRING AN ORGANIZED AND CONTROLLED PATTERN OF THE COMMUNITY DEVELOPMENT. IT SHOULD BE NOTED THAT THE DIFFICULTIES OR HARDSHIPS RELIED UPON MUST BE UNIQUE TO THAT PARTICULAR PROPERTY(E.G.,PECULIAR LOT SHAPE)NOT GENERAL IN CHARACTER,SINCE DIFFICULTIES OR HARDSHIPS SHARED WITH OTHERS IN THE AREA GO TO THE REASONABLENESS OF THE ZONING GENERALLY,AND WILL NOT SUPPORT A VARIANCE. IF THE HARDSHIP IS ONE THAT IS COMMON TO THAT AREA,THE REMEDY IS TO SEEK A CHANGE OF THE ZONING CLASSIFICATION FOR THE NEIGHBORHOOD. 9. Attach a list of names and addresses of all property owners within 500 feet of subject property accompanied by a certified survey or portion of the tax assessors map showing boundaries of the attached property. 10. The following items or documents must be attached to this submittal. a. Notarized affidavit of all property owners. b. Check for the required fee. c. Map showing properties within 500 feet and a list of all property owners and addresses. d. Survey or portion of tax assessors map showing boundaries of subject property. e. Legal description showing metes and bounds of subject property. f. Copy of recorded deed of subject property. 11. THE UNDERSIGNED OWNER/AUTHORIZED AGENT AGREES THAT THIS APPLICATION MUST BE COMPLETED AND ACCURATE BEFORE CONSIDERATION BY THE CITY OF CAPE CANAVERAL PLANNING AND ZONING BOARD AND BOARD OF ADJUSTMENT. Azb/APPLICANT SIGNATURE: PRINT NAME: 'TD vi'c( i� .� ,�/pS� 41.6 / //c'a e,7Fs Pi-kb Variance Application/Aug.00/Page 4 of 4 City of Cape Canaveral Request for. Variance June 29, 2009 Property Owners; Dr. David D. Jones Dr. Heather Parker-Jones Mailing Address: 7228 Winding Lake Circle, Oviedo, FL 32765 Contact Phone#: (407) 619-8616 • Property Address: 201 Tyler Avenue, Cape Canaveral, FL 32920 Lot 1 Block 42 In June of last year we purchased the above-named property and immediately began to make improvements to this unit. Like many new property owners in this area, we are committed to contributing to the city's efforts to making this area as safe, aesthetically pleasing, and as attractive to visitors as possible. To this end, we have embarked upon a plan to beautify and make more functional our corner lot. One of the improvements we desire to make is to enclose our backyard and pool area with a screen. This screen will protect our family and our visitors from attacks from mosquitoes and other insects. Several members of our family are extremely allergic to mosquitoes and the only way that they can enjoy being in the yard is for us to enclose the area. Further, in order to attract the types of renters that will respect our property and the property of our neighbors; we must provide any and all amenities that will ensure a safe and pleasant rental experience. An enclosed pool and backyard area is a means to this end. In order to create this screen enclosure, we hired a reputable company called Coastal Craftsmen. This company assured us that they could erect this screen and that they would take care of any paperwork necessary to begin working on this project. On June 4th, we were on the property as a Coastal Craftsmen worker was completing this screen enclosure when city representatives (Duree Alexander and Michael Richart) informed us that no permit had been issued for the screen enclosure and that all work on the screen must be brought to an immediate halt. At this point,the screen was 95% complete. When Coastal Craftsmen subsequently applied for a permit they were informed that according to Section 110.584 (Minimum Setbacks) there was not enough room between the screen and our property line for work on the screen to be approved. 0 0 • As the property owners, we are respectfully requesting a variance because the odd configuration of our lot and the way that our lot is situated makes it impossible for any screen enclosure to comply with the number of specified feet that must exist between the edifice and the property line. Such compliance would place the screen within the actual pool. At this point the edifice is near completion,requiring only one more day of work. Our neighbors are excited about the improvements that we have already made and that we will continue to make to this property and our research indicates that this screen enclosure poses no environmental,aesthetic,or safety threat to the surrounding area. Further,we are in need of the enclosure for health reasons for our family and for any renters who are hyper-allergic to mosquitoes. Thank you for considering this request. Dr. eather Parker-Jones Jim Ford C.F.A[. :, r Property?Appraiser; M. ..'..,•PProperty. Brevard. County,.F!, '.+, Ft ,ao. ,,,',1,;/. ,. Research, Rrr APP,,// [Home](Meet Jim Ford)[Appraiser's Job)(General Info][Amendment 1)[Save Our Homes](Exemptions)[Tangible Properly)[Locations] [Forms](Appeals][Property Research][Map Search][Maps_&Data] [Unusable Property][Tax Authorities][Tax Facts)[FAQ)[Links][In The Hews)[Tax Estimator](Contact Us) General Parcel Information for 24-37-23-CG-00042.0-0001.01 24-37-23-CG-00042.0- Millage Use Parcel Id: 0001.01 Map/Ortho Aerial Code: 26G0 Exemption: Code: 135 *Site •201 TYLER AVE, CAPE CANAVERAL 32920 Tax 2434076 Address: Acct: '`Site address information is assigned by the Brevard County Address Assignment Office for E9-1-1 purposes;this information may not reflect community location of property. Tax_information is available at the Brevard County Tax Collector's_web_site (Select the back button to return to the Property Appraiser's web site) • Owner Information Abbreviated Description Owner Name: JONES, DAVID DWAYNE Plat Book/Page: Sub Name: AVON W 36 FT OF PARKER-JONES,HEATHER 0003/0007 BY THE SEA LOT 1 BLK 42 Second Name: H/W View l_at.(requires Adobe Acrobat Reader-file size may be.large) Mailing Address: 7228 WINDING LAKE CIR City,State, OVIEDO, FL 32765 Zipcode: Value Summary for 2008 Land Information *Market Value Total: $146,000 Acres: 0.11 Agricultural Assessment: $0 Site Code: 0 Assessed Value: $146,000 ** Homestead Exemption: $0 ** Additional Exemption: $0 ** Other Exemptions: $0 ***Taxable Value: $146,000 *This is the value established for ad valorem purposes in accordance with s.193.011(1)and(8),Florida Statutes. This value sloes not represent anticipated selling price for the property. **Exemptions as reflected on the Value Summary table are applicable for the year shown and may or may not be applicable if an owner change has occurred. ***The additional exemption does not apply when calculating taxable value for school districts pursuant to amendment 1.Therefore the taxable value used to compute school district tax is$25,000 higher. Sales Information Official *** Sales *** Sales Physical Records Sale Sale Deed Screening Screening Change Vacant/Improved Book/Page Date Amount Type Code Source Code 5870/8753 6/2008 $135,000 WD I 41.04/0354 12/1999 $83,000 WD I 4004/0496 4/1999 $72,000 WD 99 08 I 2469/2017 11/1983 $51,000 WT) http://www.brevardpropertyappraiser.corn/asp/Show_parcel.asp?acct=2434076&gen=T&... 06/29/2009 • • ***Sales Screening Codes and Sources are from analysis by the Property Appraiser's staff.They have no bearing on the prior or potential marketability of the property. • Building Information • PDC Use Year Story Frame Exterior Interior Roof Roof Floors Ceiling # Code Built Height Code Code Code Type Mater. Code Code 1 135 1983 8 03 03 03 02 04 03 03 Building Area Information PDC Base Garage Open Car Screened Utility Enclosed Bonus RV RV TBase otal # Area Area Porches Port Porches Rooms Porch Basements Attics Rooms Area ort Garage p g Area 1 882 0 102 0 0 24 0 0 0 0 0 0 882 Extra Feature Information Extra Feature Description Units POOL DECK 410 POOL 1 Data Last Updated:Monday,June 29,2009-Printed On:Monday,June 29,2009. New Search Help [Home][Meet JimF_ard][Appraisers.Job][GeneraLJnfo][Amendmentl]tSave Ourliomes][Exemptions][rangible.Ploperty](Locations] (Eons](Appeals)(Property.Research][Map_Searcti](Maps&Data] (UnusabtePloperfy]Qax.Authodties][raa.Eacts](FAQ)[Links](lolhe .News][fax Estimator)(Contact.Us] Copyright© 1997 Brevard County Property Appraiser.All rights reserved. • • • • • • http://www.brevardpropertyappraiser.com/asp/Show parcel.asp?acct=2434076&gen=T&... 06/29/2009 .• S . •_ 4 y - ie r++. e. e "r •$. ., _mo,. f - . '.. .'. 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SUM/ 1•19R cad/or CER IF/6D TO; .-1- JONES AM, IEATHER PARKER-JONES, ,/MORTGAGE INC, LANDAMERICA-GULFATLANTIC TITLE, ..,,e.S TITLE INSURANCE CORP. .eSCRIPTION AS FOLLOWS; • YE WEST 36 FEET OF ZOT 1, BLOCK 42, AVON-BY-THE SEA, AS RECORDED IN PLAT BOOK 3 4GE 7, PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. ITYLER AVENUE . IN ___ _ 48'.1/W I (11.8.) N 90'00'00" £ REC 5/8ER. 36.00 0 °14.00 (P)T • • • . • • COAX it . DRIVE . . . 1 - •• • 01 ... * oi CONC.,. - 0.7 14. . 4 i' r • Lu....._ --.3 ONE STORY IATTACHED • .. ••` -- - • • • RESIDENCE .k .... ._ . . .. . .. /201 .... 0 • k `41 2 ,. ") • k..1 12 tgi,, tri In' lil . • K. N•-• ci • 14.-1,_L :e• 1 14 1 2 LO,...._ • ' ic < . . 18.0 Q. . . SCREEN .".3 1 • • • 4?qJ 10 1 3. relVe- ' /.......x...,' • 11' entivSuf 5(-112441‹, I?' POOL 10 5.7 • ..001 rt<-1 Nts:ti JONci . oRipnae ..., •- • . ,111/4 t• ,.. :.2 'T " 16.___:a....1.4.L............. 0 (P,) REC 1/2"EP. 36.00 REC 1727.R. . • S 90.00.00" W WP u.8 N.12.0 E • • LOT 9, 810CK 42 . . • f...s-ti. y.-1-!1/4RAPYF.R--SrnTT AL WALKER,- INC.-LAND SURVEYORS <yn CITY OF CAPE CANAVERAL - i. iI COMML \ITN- DEVELOP\IE\T DEPARTMENT Ai AP" 011.1 Calilla.1111111. a..a Memo Date: November 13, 2009 To: Barry Brown, Planning and Development Director From: Todd Morley, Building Official (40 RE: Revisions to City Code Ch. 102 Trees Please forward the attached draft revisions to the Planning and Zoning Board for recommendation to City Council. Background: • City Council directed staff to investigate a remedy regarding a number of tree code-related complaints. • A committee of staff members was formed. It consisted of o Bennett Boucher, City Manager o Todd Morley,Building Official o Duree Alexander,Code Enforcement Officer o Kay McKee, Streets Dept. Supervisor and City Arborist o Tim Davis, Streets Dept.and City Arborist • A first meeting was held where the group identified problem areas of the code and decided on a course of action. • Todd Morley researched the existing Brevard County tree code as well as the proposed revisions to the Brevard County tree code. Several good practices were uncovered and revealed to the committee. • A second meeting was held were the group debated many conceptual differences. It was decided to limit the changes to the problem areas: o Expand the exemptions section to include all residential parcels under 10,000 sq.ft., o Revise the penalties downward, o Include a provision that a Certificate of Occupancy may be withheld if a violation of the Chapter exists(new construction). o Limit the use of palm trees used for mitigation, o Acknowledge the difference between"land clearing"and"clearing of understory", o Create criteria for City Council when considering the removal of a specimen tree, o Revise the minimum"size of tree"requirement downward. C ,� CITY OF CAPE CANAVERAL CO\IMCNITY DEVELOPMENT -, - i- ' Ai =& r DEPARTMENT _ 7-. �._ -, _. 44 Memo Date: November 13, 2009 To: Barry Brown, Planning and Development-Director -I From: Todd Morley, Building Official , . 0 RE: Revisions to City Code Ch. 11 iv. :2 Underground utilities required Please forward the attached draft revisions to the Planning and Zoning Board for recommendation to City Council. Background: • The City's Redevelopment Plan includes a provision that all utility lines should eventually be placed underground. This draft is intended to enact this facet of the Redevelopment Plan. • The City Code already requires all new development to install utility lines underground. This ordinance expands that requirement to include redevelopment and renovations of existing buildings exceeding 50%of the assessed value of the existing structure. • This ordinance applies only to onsite utility lines,not utility lines in the right-of-way. A . fir a --1.• oa, CITY OF CAPE CANAVERAL Als.flii COMMUNITY DEVELOPMENT .-. _ . ii,{= ' i'0, DEPARTMENT OM OF Wit CLIWYMIYI. i .4, ,emo � � �.,c,. Date: July 14, 2009 7. To: Barry Brown, Planning Director From: Todd Morley, Building Of lcia RE: Review comments-variance ..uest 201 Tyler Ave. • A 100 s.f. storage shed exists on the property and appears to violate the five ft. setback requirement. The location and size of the storage shed would indicate that it could qualify for the setback exemption in Sec. 110-468(6) if it is temporary and has a Nonpermanent foundation. On July 13, 2009 I walked along the sidewalk on Poinsetta Ave. to take a look at the shed to determine whether the shed is temporary and whether there is a permanent foundation. o It does not appear to be a temporary shed, because: • it appears to be of conventional wood frame construction and is showing signs of deterioration. • it is wired for electrical outlets and has a screen enclosure attached to it. o As to whether it has a permanent foundation, I could not make the determination without digging near the foundation. I was not going to do this without the property owner's permission. The property owner should coordinate a foundation inspection. Sec. 110-468. Accessory structures. (a) No accessory structure shall be erected in any front yard.and the accessory structure shall not cover more than 30 percent of any required rear setback.No separate accessory structures shall be erected within ten feet of any building on the same lot or within five feet of any lot line. An accessory structure shall not exceed 24 feet in height. However,a lot with a one-or two-family residence only may have one additional accessory structure erected per unit,not to exceed 100 square feet with a maximum height of ten feet if detached or 32 square feet with maximum height of ten feet if attached in rear setback. In new construction an accessory building niay not be constructed prior to the construction of the main building. No accessory building shall be used for any home occupation or business or for permanent living quarters:it shall contain no kitchen or cooking facilities. It may be used for housing temporary guests of the occupants of the main building. It is not to be rented or otherwise used as a separate dwelling. • ,Z✓V� ,4/ t., 4-t) (b) Storage or utility sheds of a temporary nature.with t a permanent foundation.not ove 100 square feet in size or more than seven feet high.are exempt from this section.provided they are in the rear yard ,. only. • The permit application for the screen enclosure indicates that a 5" super-gutter is to be attached to the storage shed. This would indicate that the screen enclosure is to be attached to the storage shed, making the shed a"host" structure(a structural element givin artial support to the new screen a osureTShould-the s orage shed not have u3etitianent fauna-MA fauna-MAit would not qualify as an acceptable host structure for the new screen enclosure. If it has a permanent foundation, it is in violation of the rear setback. Incorporating the shed into the screen enclosure would make it more permanent than temporary. Summary: It is my opinion that the variance, as presented, should not be supported for the following reasons: • It either makes a temporary structure permanent, or attaches a pool enclosure to an illegal structure, making it harder to cure the non-conformity. • Had the contractor contacted the building department for a permit prior to construction, he/she would have been informed that the proposed design could not be lawfully constructed. However, I would support a variance request for the following: • The survey appears to indicate that the pool enclosure could be built in-line with the townhouse and still enclose the pool. This would be a more compliant option, but will still require a variance because it would not meet the required 15 ft. setback from Poinsetta Ave. Additionally, the pool pump equipment violates the required 15 ft. setback and will need to be either included under the variance request or moved to a compliant location. • As to the shed, the owner should coordinate a foundation inspection. If it is determined that the base is temporary and moveable(i.e. paving stones, gravel base, earth augers, etc.), the shed may remain, but the screen enclosure cannot be attached to it in any way and the electrical service to the shed must be disconnected. If it is a permanent base (i.e. poured concrete),the storage shed violates setback and staff will need to research whether it was permitted. If it was permitted, it would be protected under the"non- conformities" section of the City code, if it was not permitted, it will have to be removed. r e , -5 /17 .-4 it7 t-A 6 t,)/ A /47-- 4 l � �` u v✓��� bi„.{. ( -Lot S Fr9m:CITY CAPE CANAVERAL r' %. DEPT321 868 1247 03/(72009 19:51 #113 P.001/002 Date: %/2-10? CI OF CAPE CANAVERAL Tracking# U`7`06, 2 R E C E I V D BUILDING PERMIT APPLICATION Permit# JUN 0 4 2009 • .,,„/„/ ,,,,r(of� (321) 868-1222 City of Cape i. . :ui g s eparmtent 7510 N.Atlantic Ave. Cape Canaveral,FL 32920 You may download this applicaeir'<,/ws.v.myfl9rida.com/cape, You may fax to: (321)868-1247. All applications must include the backside of this form. Important: ' ease complete ti checklist on the back of this form and provide other documentation as indicated on the checklist. A copy of contract maybe required. Application packages will not be accepted unless complete. APPLICANT WILL BE CALLED WHEN PERMIT IS READY. (Contractor/Owner-Builder is required to sign for the building permit,unless indicated otherwise by affidavit I.D.may be required) Address of Job Site: Ti((€e Zoning classification: IZ 2- Flood Zone: X Legal description of property: TWN: Sy- RNG: 3'7 SEC: Z 3 SUBD:Abu (34"t((' BLK: la-- LOT: I PB: 3 PG: 7 Property Owner Name: 146 q-kacz ,,►e Phone: 44.4- /9 g6tl Address: ~-e.. a-d L.M tt O tcL_&. Ovdeb ei F- 7L75 Fee Simple Titleholder's Name ifothertbae owner): s�., Address: Bonding Company: N Address: Mortgage Lender. Nk- Address: • Type of Permit ' Brief description of work: SC f e Jlc (os a -e n j e.ie c-o)L- • 2 Building Electrical Coo LAD l-e__ ATc- Plumbing chanical Other SC zee ' . m D -1:7;vr Type of Const. Occ- FPL lines City Sewer Will this Square Type upancy currently available structure #of #or #of #of Valuation of work Building Feet (LA. Group available to to serve have built-In nodes dwel- bed- water (please under VB, (B,RI. serve this this gas Ilea rooms clava indicate as roof etc) etc.) property? property? appliances? UniLe applicable) Yes/No Yes/No Yes/No Commercial S SFR t./rownhouse $ 4-71-k00 Apartment S Condominium $ Other S Architect/Engineer Name: &-toierii, l.Quuit 4 e Name of Company: (Sen - - Address: State License No.: Phone(office): Phone(cell/pager.): Fax: Primary Contractor Name W6 eilA,t itec,rN Name of Company:09,,oesk Address: 4 (Sh'S -t TVA-'( e-L6ef-)Pc3, I-e, 3�Fflo State Lice se No.: . Phone(office): Seco Phone(cell/pager.): ' 3.21-43t-f/34 7 Fax: 1{07-4*co% Electrical Contractor Name: Name of Company:- Address: State License No.: _ Phone(office): Phone(cell/pager.): Fax: Plumbing Contractor Name: Name of Company: Address: State License No.: Phone(office): Phone(cell/pager.): Fax: Mechanical Contractor Name: Name of Company: Address: State License No.: Phone(office): Phone(cell/pager.): Fax: Specialty/Other Contractor Name: Name of Company: Address: _.. _ State License No.: Phone(office); Phone(cell/pager.): Fax: ".,-- „ AR Y SUR f OR and/or CER TIF/ED TO; --1-- , SNE JONES ANCA T HER PARKER-JONES, `•o ,/ MORTGAGE INC, LANDAMERICA-GULFATLANTIC TITLE, .eS TITLE INSURANCE CORP. ASCRIPTION AS FOLLOWS, YE WEST 36 FEET OF LO T 1, BLOCK 42, A VON-B Y-THE SEA, AS RECORDED IN PLAT BOOK 3, 4GE 7, PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. _ TYLER AVENUE . I 48' R/W (8.8.) N 90'00100n E REC 5/8" I.R. 36.00 REC X"' O 0 14.00 (Pf[ 1 . . N CONC N DRIVE I _ � ooi CONC;,. ", a wP"Oilarp E ® OI Jre ?.d& S' 14J, 0.71 14.4 " 1.6 ONE STORY .�' I ATTACHED _ . RESIDENCE W1207 3 Q k p o o ,h � h h �h oo I� fh (Ni N I� O 3 ^ O• LLu z a v, 2 • a C I sl� 18.0 NI o SCREEN 1Id PORCH 3,5 ii' • • 7' I 15.7- pool. !0"l 0 V f 8.2 \ • 3 a N a N n CONC 2* *------------------ 6.58.2 "n 4' CL F£NC 14.00 (P) REC 1/2" 1.P. 36.00 !,'EC 1/2"1.R. WP 0.8 NE • I 1 S 90'00900" w , 2.0 I LOT 9, BLOCK 42 GRUSENMEYER -SCOTT & WALKER INC.-LAND SURVEYORS NOTES gee f l ` 6iCA7-6 FLOMITA AUAYNISMHAIIVE WI't tNHSUARI IU I.HM'ILK i11-r, rLUr•Iux �7NNIC�. I l II\ 1 ? MISS Eu8055f1 VIInl SURVFYUIYS SEAL Tin SuRVtY IS NOT VAIIO ANU IS pKF'S•l4 U FOR I.P. NON PIPE ` 1 OSES ONIY C c,,,RUU I MI O'tUATIONAL F41RP C.4 •,C01.M:REIE MUM!114ttl , ,,,.. liTC v /Z:PRFPAREO FROu Tti.f.• oRAIATION FURNSHEO TO THE SURVEYOR. -ME . BUILDING PERMIT APPLICATION Jurisdiction of IV,; 4 72j CITY OF CAPE CANAVERAL 105 Polk Avenue m_? D Sec— 23-24S-37E xi JOB ADDRESS '3". tma 201 TYLER AVENUE DATE: Afrj, 3, 1986 w N LOT NO. BLK. TRACT M ,. LEGAL (0 SEE ATTACHED SHEET) -- "3 1 DESCR. 1`2, 3 42 AVON EY THESEA r y Owner MallIng Address Zip Phone 2 KEN MARVIN, 201 TYLER AVENUE, CAPE CANAVERAL, FL 3292.0 -a :n Gen.Contr. Mailing Address Phone License No. d tri _3 OWNER, SAME AS ABOVE Elec.Contr. Mailing Address Phone License No. 4 NA Plmb.Contr. Mailing Address Phone License No. 5 NA Mech.Contr. Mailing Address Phone License No. 6 NA FOUNDATION SURVEY SHALL BE USE OF BUILDING SUBMIT IED NO LATER THAN FOUR 7 RESIDENTIAL DAYS AFTER PLACEMENT OF SLAB. 8 Class of work: :1 NEW ❑ADDITION ❑ALTERATION ❑REPAIR ❑ MOVE ❑REMOVE 9 Describe work: PLACE ACCESSOLRYSHEDFAILURE TO COMPLY WITH THE MECHANICS' LIEN LAW CAN IN REAR YARD 4 ' ANGLE IRON W/REDHEADsRESULT IN THE PROPERTY ay .! H FOR ANCHORING TO GROUND. ER PAYING TWICE FOR THL BUILDING IMPROVEMENTS. NOTE: REQUIRED INSPECTIONS MUST BE ARRANGED 10 Valuation of work: r,;500.00 TEL: 783-1100, ALLOW 8 HOURS RESPONSE TIME SPECIAL CONDITIONS: Type of Occupancy Const. Group --- Division_ Size of Bldg. No.of Max. (Total)Sq. Ft. —_ Stories —^_ Occ. Load _ SETBACKS: F —» R 5 RS Q, i LS Fire Use Fire Sprinklers Application Accepted By: Plans Checked By: Approved For Issuance By Zone — Zone —_„__ Required DYes_0 No OFFSTREET PARKING,SPACES REQUIRED No.of A. GUNN .f r. SAME Dwelling Units Covered Uncovered N O T I C�E Special Approvals Required Received NO Required PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING,HEATING,VENTI- ZONING X LATING OR AIR CONDITIONING. HEALTH DEPT. THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION X AUTHORIZED IS NOT COMMENCED WITHIN 6 MONTHS,OR IF CONSTRUC- FIRE DEPT. TION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 6 SOIL REPORT fig MONTHS. OTHER (Specify) V I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT.ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE PERMITS& FEES CODES COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT.THE GRANTING Building $5400 Southern Standard' OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGU- Electric National Electric' LATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. Plumbing Standard Plumbing* / Mechanical Standard Mechanical• *tie 4.1,e-Of Contract?,or A 110C ed •tent (Date) —L ' . AZ / _ ,f— , Other A.T. F. +5 .©0 Signature of Owner(If Owner Builder) (Date) TOTAL $10.00 'as adopted by ordinance. THIS APPLICATION,WHEN SIGNED, BECOMES A PERMIT TO START WORK: : BUI�D'IN �FFC�A � (0' ' v INFORMATION INQUIRY FORM /Date of Request: '12 4 (' `"1 Requestor: --pa ,„) ..,..#1 ( --fe - { ✓ UarS (---12,- , J0k S Phone: office qc7 3c. 9 — k 77 9 2,r - c/0 7 ,' 9 - 4, /(..,- cell hm fax E-mail: 4-Ve Project Name/Description: `2C> f l b.1/ t d Information Requested: 0241y to �(GJ j 9°er// , ti bm ?(76 le9u b-es �YPer---‘1/N /',. r*05zt re kC * SCREENED ENCLOSURES SECTION 1 1/4"x 6"RAWL TAPPER THROUGH 1"x 2"AND V ALUMINUM FRAME SCREEN ROWLOCK INTO FIRST \ WALL COURSE OF BRICKS v '` 1 I V CAP BRICK BRICK KNEEWALL TYPE'S' ALTERNATE CONNECTION OF X -- MORTAR REQUIRED FOR SCREENED ENCLOSURE FOR LOAD BEARING BRICK WALL BRICK OR OTHER NON ,.. i - STRUCTURAL KNEE WALL M 4" (NOMINAL)PATIO 1"WIDE x 0.063"THICK STRAP CONCRETE SLAB (SEE NOTES @ EACH POST FROM POST TO El] ° 8 I CONCERNING FIBER MESH) FOOTING W/(2)#10 x 3/4" _ _ a _ ° S.M.S. STRAP TO POST AND (1) 1/4"x 1-3/4"CONCRETE , ° (3)#30 BARS OR(1) ANCHOR TO SLAB OR • a d -— #50 BAR W/2-1/2"COVER FOOTING (TYP.) BRICK KNEEWALL AND FOUNDATION FOR SCREEN WALLS SCALE: 3/4"= 1-0" 1 #5 BAR CONT. (3)#3 BAR CONT. OR (2)#3 BAR CONT.OR i a 1" PER FT. MAX. FOR 1)#5 BAR CONT.3-1/2 % — — -<- • /- 2'-0" MIN. 1 r ALL SLABS) 1` a .(Ni v. \\ \' BEFORE SLOPE /// /�//i,.� // / //\//\//\//\// // / /\ts./\i /\` . / \\\\/\\\/� %\�\ \\i\\ �/X// /./ 8" / 1'-0" TYPE I TYPE II TYPE III FLAT SLOPE/NO FOOTING MODERATE SLOPE FOOTING STEEP SLOPE FOOTING II0-2"/12" 2"/12" 1' 10" > 1' 10" Notes for all foundation types: 1. The foundations shown are based on a minimum soil bearing pressure of 1,500 PSF. Bearing capacity of soil shall be verified prior to placing slab by field soil test(soil penetrometer)or a soil testing lab. 2. The slab/foundation shall be cleared of debris, roots and compacted prior to placement of concrete. 3. No footing is required except when addressing erosion until the slab width in the direction of the primary beams exceeds the span per table on page 1-69,then a type II slab is required under the load bearing wall only unless the side wall exceeds 16'in height or the enclosure is in a"C"exposure catagory in which case a type II footing is required. 4. Monolithic slabs and footings shall be minimum 2,500 psi concrete with 6 x 6- 10 x 10 welded wire mesh or crack control fiber mesh; Fibermesh®Mesh,•InForceTM e3TM (Formerly Fibermesh MD)per manufacturer's specification may be used in lieu of wire mesh.All slabs/footings shall be allowed to cure for 7 days before installing anchors. 5. If local codes require a minimum footing use Type II footing or footing section required by local code. Local codes govem. SLAB-FOOTING DETAILS SCALE: 3/4"= 1'-o" Lawrence E. Bennett, P.E. FL # 16644 CIVIL & STRUCTURAL ENGINEERING P.O.Box 214368,South Daytona,FI 32121 Telephone#: (386)767-4774 Fax#* (386)767-6556 Email: lebpe©bellsouth.net PAGE © COPYRIGHT 2008 NOT TO BE REPRODUCED IN WHOLE OR IN PART WITHOUT THE WRITTEN PERMISSION OF LAWRENCE E.BENNETT,P.E. 1-71 Barry Brown From: Susan Chapman [chapman-cape@cfl.rr.com] Sent: Tuesday, June 23, 2009 12:58 PM To: Barry Brown Cc: Todd Morley Subject: 201 Tyler Avenue-Screen Enclosure Attachments: Property Survey-201 Tyler Ave..pdf Importance: High Barry, This morning I spoke with Heather Parker-Jones,property owner of 201 Tyler Avenue(a townhouse), regarding a screen enclosure that is located in the required setback,that her contractor(Bob,Coastal Craftsman)built,without a permit. She gave me the following additional info. She has already spoken with Dennis and Mike. Her contractor's name is Bob with Coastal Craftsman and he has spoken with Todd Morley. She was told by Dennis,Mike and Todd(via her contractor)that she needs a variance. Her contractor had applied for the building permit after-the-fact(I verified this with Dennis this morning),but it was rejected because of the setback issue. On June 4',a Stop Work Order was posted,at that time the entire structure was already erected. The only item left is for the screens to be installed. Ms.Jones can be reached at(407)619-8616 or(407)359-2572. I've attached a copy of her survey that we have on file. Hope it helps!! Please let me know if I can of further assistance. Susan 1 Barry Brown From: Susan Chapman [chapman-cape@cfl.rr.com] Sent: Tuesday, June 23, 2009 12:58 PM To: Barry Brown Cc: Todd Morley Subject: 201 Tyler Avenue-Screen Enclosure Attachments: Property Survey-201 Tyler Ave..pdf Importance: High Barry, This morning I spoke with Heather Parker-Jones, property owner of 201 Tyler Avenue(a townhouse),regarding a screen enclosure that is located in the required setback,that her contractor(Bob, Coastal Craftsman)built,without a permit. She gave me the following additional info. She has already spoken with Dennis and Mike. Her contractor's name is Bob with Coastal Craftsman and he has spoken with Todd Morley. She was told by Dennis,Mike and Todd(via her contractor)that she needs a variance. Her contractor had applied for the building permit after-the-fact(I verified this with Dennis this morning),but it was rejected because of the setback issue. On June 4'h, a Stop Work Order was posted,at that time the entire structure was already erected. The only item left is for the screens to be installed. Ms.Jones can be reached at(407)619-8616 or(407)359-2572. I've attached a copy of her survey that we have on file. Hope it helps!! Please let me know if I can of further assistance. Susan Page 1 of 1 b q Susan Chapman To: heather.parker02@saintleo.edu Attachments: Instruction to Obtain Property Labels and Maps.jpg Hello Dr. Parker-Jones, I've attached the instructions to obtain the mailing labels, radius maps, and property owners lists within 500 ft. of your property. Once you obtain the required information, please provide them to my office. There will be an escrow deposit required for the mailing and possible legal advertisement. Since we have an established deadline to mail the notices and post your property, the sooner you can provide the info the better chance we can have your request considered by the Planning &Zoning Board. Our target meeting date is August 12th. Please let me know if you have any questions. Respectfully, Susan 07/15/2009 The following locations are where aNificants may get mailing labels and radius `. It is important to call ahead to ensure that your desired office has the time availability process your request. Office Locations Addresses & Telephone Numbers For Property Appraiser's Main Office & Branch Offices North Brevard Central Brevard Brevard County Property Appraiser Brevard County Property Appraiser (Main Office) (Merritt Island Office) (Click above for map to office) (Click above for map to office) Brevard County Government Complex- Brevard County Central Services North Complex 400 South Street,5th Floor 2575 North Courtenay Parkway Titusville,Florida 32780 Merritt Island,Florida 32953 Telephone:321-264-6700 Telephone:321-455-1444 South Brevard Brevard County Property Appraiser Brevard County Property Appraiser (ViersOffice) (M_elf)o(�rn ff-ce) (Click above for rmap toto office) (Click above for map to office) Brevard County Government Center Brevard County South Services Complex 2725 Judge Fran Jamieson Way 1515 Sarno Road Viera,Florida 32940 Melbourne,Florida 32935 Telephone:321-690-6880 Tele•hone:321-255-4440 Brevard County Service Complex- , Palm Bay (Palm_B Office) (Click above for map to office) 2050 Eldron Blvd.SE Palm Bay,Florida 32909 Telephone:321-952-4574 How to Contact Brevard County Zoning Notice-Correspondence sent to this office,including E-Mail,becomes a part of the public record and will be made available for public inspection. U.S. Mail: Telephone: Planning and Zoning Brevard County Planning issues: Government Center Voice(321)633-2069 Building A Fax(321)633-2074 2725 Judge Fran Jamieson Way Zoning issues: Viera,FL 32940 Voice(321)633-2070 Fax(321)633-2152 E-Mail E-Mail must include your real name and street address if you want the Board or Boards involved to be able to consider the information you provide. When corresponding regarding an item on a public hearing agenda,please include enough information to identify the item.We suggest you include the agenda date,the name of the property owner and the item's agenda number on your correspondence. Send e-mail inquiries to:eandv.hanse.10'.f • •.- ardcpunty.us 1 e rs pa rK.er02 e-Sat�� ' , - _ ., le � r Q TICS cc ea,r}�i/h k, i i67 Fix : 05z)- 5a;'s - F Transmit report P.1 07/15/2009 02:20 26YE04055 TC:416295 REMOTE STATION START TIME Pages RESULT REMARKS 913525888300 07-15 02:19 00:00 37 002/002 OK • REMARKS TMR:Timer, POL:Poll, TRN:Turn around, 2IN:2inl Tx. ORG:Original size set, DPG:Book Tx FME:Frame erase Tx, MIX:Mixed original, CALL:Manual-Com, KRDS:KRDS, FWD:FORWARD FLP:Flip Side 2, SP:Special Original FCODE:Fcode, MBX:Confidential, BUL:Bulletin, RLY:Relay, RTX:Re-Tx, PC:PC-FAX S-OK:Stop communication, Busy:Busy, Cont.:Continue, No ans:No answer M-full:Memory full, PW-OFF:Power switch OFF, TEL:Rx from TEL Page 1 of 1 Susan Chapman To: heather.parker02COsaintleo.edu Attachments: Instruction to Obtain Property Labels end Meps.jpg Hello Dr.Parker-Jones, I've attached the instructions to obtain the mailing labels,radius maps,and property owners lists within 500 ft.of your property. Once you obtain the required information,please provide them to my office. There will be an escrow deposit required for the mailing and possible legal advertisement. Since we have an established deadline to mail the notices and post your property,the sooner you can provide the info the better chance we can have your request considered by the Planning 8c Zoning Board. Our target meeting date is August 12th. Please let me know if you have any questions. Respecttially, Susan 07/15/2009 3 A �\ CITY Of CAPE CANAVERAL MEMORANDUM TO: Susan Chapman Administrative Assistant Community Development Department FROM: Jeff Ratliff Assistant Public Works Director City of Cape Canaveral 868-1240 DATE: 07/13/09 RE: Variance Request 201 Tyler Avenue Public Works staff has reviewed the variance request for the referenced property and has no comments. I I 4 I AI 4. 1 a a in{F.:� CITY OF CAPE CANAVERAL MEMORANDUM DATE: July 13, 2009 TO: Public Works Dept., Attn: Jeff Ratliff, Assistant Director CCVFD, Attn: John Cunningham, Assistant Chief Barry Brown, Planning & Development Director Todd Morley, Building Official CC: Bennett Boucher, City Manager FROM: Susan Chapman, Administrative Assistant Community Development Department RE: Variance Request No. 09-02 to Allow a Screened Pool Enclosure to Remain within the Required Side Setback at 201 Tyler Avenue - Drs. David D. Jones and Heather Parker-Jones, Property Owners/Petitioners. Enclosed is a request for a Variance to allow a screen pool enclosure to remain within the required side setback at 201 Tyler Avenue. Please review the request and forward any comments or concerns to me no later than Monday, July 20th or a staff report stating that you have no comments or concerns. We will be scheduling this request before the Planning & Zoning Board at the August 12th meeting. Thanks. DLGVZUL l.,Uuiity rl.opeity tipptat - vni>ine iceat Estate rroperty uara rage 1 or z J�irrE Ford, C. sficowdF.A. �rr,� .. Property, Brevard Oounfy,t Fli ,•p pcoR,c. �,- Research ry APPq�f [Home][Meet Jim.Ford][Appraisees Job][General Info)[Amendment])[Save Our Homes][Exemptions)[Tangible Property][Locations] [Forms][Appeals][Property Research](Map Search][Maps.&Data] [Unusable Property][Tax Authorities][Tax Facts][FAQ][Links][In The News]au Estimator]CG_ontaot r Jsl General Parcel Information for 24-37-23-CG-00042.0-0001.01 24-37-23-CG-00042.0- Milla a Use Parcel Id: 0001.01 Map/Ortho Aerial Code: 26G0. Exemption: Code: 135 *Site Tax Address: 201 TYLER AVE,CAPE CANAVERAL 32920 Acct: 2434076 *Site address information is assigned by the Brevard County Address Assignment Office for E9-1-1 purposes;this information may not reflect community location of property. Tax information is available..at the Brevard County Tax Collector's web site (Select the back button to return to the Property Appraiser's web site) Owner Information Abbreviated Description Owner Name: JONES, DAVID DWAYNE Plat Book/Page: Sub Name: AVON W 36 FT OF PARKER-JONES,HEATHER 0003/0007 BY THE SEA LOT 1 BLK 42 Second Name: H/W View Plat(requires Adobe Acrobat Reader-file size may be.large) Mailing Address: 7228 WINDING LAKE CIR City,State, OVIEDO,FL 32765 Zipcode: Value Summary for 2008 Land Information *Market Value Total: $146,000 Acres: 0.11 Agricultural Assessment: $0 Site Code: 0 Assessed Value: $146,000 ** Homestead Exemption: $0 ** Additional Exemption: $0 ** Other Exemptions: $0 ***Taxable Value: $146,000 *This is the value established for ad valorem purposes in accordance with s.193.011(1)and(8),Florida Statutes. This value does not represent anticipated selling price for the property. ** Exemptions as reflected on the Value Summary table are applicable for the year shown and may or may not be applicable if an owner change has occurred. ***The additional exemption does not apply when calculating taxable value for school districts pursuant to amendment I.Therefore the taxable value used to compute school district tax is$25,000 higher. Sales Information Official *** Sales *** Sales Physical Records Sale Sale Deed Screening Screening Change Vacant/Improved Book/Page Date Amount Type Code Source Code 5870/8753 6/2008 $135,000 WD I 4104/0354 12/1999 $83,000 WD I 4004/0496 4/1999 $72,000 WD 99 08 I 2469/2017 11/1983 $51,000 WD http://www.brevardpropertyappraiser.com/asp/Show_parcel.asp?acct=243 4076&gen=T&... 06/29/2009 tsrevaru uounly it tupctty tippIat - utii:tltt; i ai Lstatertopctty %.,aru i abc us • "k* Sales Screening Codes and Sources are from analysis by the Property Appraiser's staff.They have no bearing on the prior or potential marketability of the property. • Building Information PDC Use Year Story Frame Exterior Interior Roof Roof Floors Ceiling # Code Built Height Code Code Code Type Mater. Code Code 1 135 1983 8 03 03 03 02 04. 03 03 Building Area Information PDC Base Garage Open Car Screened Utility Enclosed Bonus RV RV Total # Area Area Porches Port Porches Rooms Porch Basements Attics Rooms Carport Garage Base p g Area 1 882 0 102 - 0 0 24 0 0 0 0 0 0 882 Extra Feature Information Extra Feature Description Units POOL DECK 410 POOL 1 Data Last Updated:Monday,June 29,2009-Printed On:Monday,June 29,2009. New Search Help [Home][Meet Jim Ford][Appraiser's Job][General Into](Amendmenti)[Save.OuLHomes][Exemptions][rangibleProperty)[Locations) [Forms](Appeals][Property Research][Map Search](Maps_&Data) [UnusabtePloperty][rax Authorities](Tax.Facts](FAQ][Links](In.The News)(Tax.Estimator)(Contact.Us] Copyright© 1997 Brevard County Property Appraiser.All rights reserved. • • • http://www.brevardpropertyappraiser.com/asp/Show_parcel.asp?acct=2434076&gen=T&... 06/29/2009 . , oct SA, . • . . RADIUS MAP JONES, DAVID DWAYNE Parker-Jones500 1111.11. \\\ _ 1 iiiii., 1 :.. . 1 I 11111" :4i2rEoL,Pk::, 11111.1111.111.I ' ICI i, . i ' H- 1 jilit i . km) roa.cm ----- _____F n 1 taremm 1 OEM ____ 1 —71 D4' 1 \- '1 . 1 mom ii I h , • ,,,4, ,,..„,,,,,,L DR \ III, 1 I 1111 Z , , ,•..• As . E 1--- rj i mig 88 ei - 1 1 ! — ---i MAJESTIC BAT AV •- 2 5 ;IX2 •ail Ii i4/, '' 1 III j . HARRIS I CARVER DR 15' 343" 3" MIN; 61 I I /, I / ni II IS-AMERE Rs 1 WI I St13619 234 iiiiiiiii 3.i 6 I .—n.1R AV _ IL... ' I.'II 11 11 17 i. . 20 MI 0.. . NI I : 2.1 Pi :65A i - , , HITCHING POST RD 79 1112 1 IV=,;130 Hi 9 _ I ' POI K 4V MI y7-------_. RICHE AV ---1 :Ea 46 i.- I 1 • ' L 14 75 16 1 .:' ' 16:• 45 A 1 _ 1 lilt i I I • I 1 1 10 Nlin11C___. >• . a, f _ ...,....____, _ . i•I 1 CENTER 3T -----7 INNIS ' , : _ ..._111111116 ii___Zili ,.. it • :elm --- ---,--, ---co - -----. IN—_ ... ... I INIMINII , 111.1 111MIIIINNwomsallillini MAP SCALE IS: 1:6,000 OR 1 inch equals 500 feet Legend ( K.1 . 1-CI-RIOP BUFFER DISTANCE: 500 feet Cv ,l' This map was compiled from recorded documents and does not reflect an actual survey The Brevard County Board of Commissioners does not assume responsibility for errors or omissions contained hereon. 11 .°'.4'.. Notification buffer -.Mt:,Va..- Parcel/lot boundaries Notified Properties : ... , ., Subject Properties Produced by Brevard County Planning&Zoning.Office-GIS 7/22/2009 - – Iwo PLANNING & ZONING BOARD MEETING MINUTES NOVEMBER 18, 2009 A Regular Meeting of the Planning & Zoning Board was held on November 18, 2009, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Bea McNeely, Chairperson, called the meeting to Order at 7:00 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell Vice Chairperson John Fredrickson Donald Dunn Harry Pearson John Johanson 1st Alternate Ronald Friedman 2nd Alternate OTHERS PRESENT Barry Brown Planning & Development Director Kate Latorre Assistant City Attorney Duree Alexander Recording Secretary Todd Morley Building Official All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney. NEW BUSINESS 1 . Approval of Meeting Minutes: August 12, 2009. Motion by Harry Pearson, seconded by John Fredrickson, to approve the meeting minutes of August 12, 2009, with minor corrections. Vote on the motion carried unanimously. Barry Brown, Planning & Development Director, addressed the Board. He advised that the Board would be considering three agenda items at this meeting. The first was a request for five variances to accommodate a pool screen enclosure, privacy fence, accessory structure (shed), and a pool accessory (pump) at 201 Tyler Avenue. The other two items were proposed ordinance revisions to amend Chapter 102 - Vegetation, to remedy a number of tree code related complaints; and Chapter 110, Section 110-482 - Underground Utilities, to extend the requirement for undergrounding utilities to include: redevelopment, and renovations of existing buildings. i 1 Planning & Zoning Board Meeting Minutes November 18, 2009 Page 2 494 2. Recommendation to the Board of Adjustment Re: Variance Request No. 09-02 to Allow a Screen Enclosure Side Setback of 10 ft,; a Screen Enclosure Rear Setback of 4 ft.; a Side Yard Setback of 9 ft. from a Public Street Right-of-Way for a 6 ft. High Fence; a Rear Setback of 3.3 ft. for a Shed; and a Side Yard Setback of 4 ft. 8 in. for Pool Accessories - Section 23, Township 24 South, Range 37 East, Block 42, Lot 1 .01, Avon by the Sea Subdivision, (201 Tyler Avenue) - David D. Jones, MD and Heather Parker-Jones, PHD, Petitioners. Barry Brown, Planning & Development Director, addressed the Board. He advised that the request was for variances, from various city codes, to allow: a screen enclosure side yard setback of 10 ft., rather than 15 ft.; a screen enclosure rear setback of 4 ft., rather than 5 ft.: a side yard setback of 9 ft. from a public right-of-way for a six ft. high fence, rather than 25 ft.; a rear setback of 3.3 ft. for an accessory structure (shed), rather than 5 ft.; and a side yard setback of 4 ft. 8 in. for an accessory (pool pump), rather than 15 ft. Barry Brown stated what the future land uses and zoning designations were of the surrounding properties. He testified that the Petitioners purchased the property in June 2008 for weekend use; the townhouse was constructed in 1983 and the pool was constructed in 1986, without a screen enclosure; the family is highly allergic to mosquito bites; and Cabbage Palms and a Banyan tree located adjacent to the pool drop leaves, berries, and blooms into the pool, creating a maintenance issue. The Petitioners decided to have a screen enclosure constructed over the pool, and earlier this year retained Coastal Craftsman; the contractor failed to obtain the required building permit, which resulted in the screen enclosure being constructed illegally, not being properly engineered, and side and rear setbacks not meeting requirements of the city code. The Petitioners did not realize that the screen enclosure was not properly permitted and that it did not meet the city's code, and when it was brought to their attention, they wanted to file for the proper permit(s) and follow the provisions of the city's code(s). He advised that in evaluating their application for a screen enclosure, staff discovered that there were several rionconformities with the recently constructed screen enclosure, as well as an existing privacy fence, shed, and pool pump. Barry Brown explained that the current city code allowed a 15 ft. side yard setback for a pool, enclosure, and accessories; the pool was 15 ft. from the side yard property line and met the current code; however, without a variance, the screen enclosure would have to be built on the lip of the pool, and therefore one could not walk around the perimeter of the pool. In order to allow for a reasonable use of the pool, and the ability to walk around the pool perimeter, the applicant was requesting a variance for a side setback of 10 ft. for the screen enclosure, rather than the required 15 ft. per the city code. He pointed out the pertinent sections of the city code. He summarized the variance evaluation criteria, per city code (Section 110-37); and staffs analysis of the request. 1 Planning & Zoning Board 444 Meeting Minutes November 18, 2009 Page 3 Barry Brown gave staffs recommendation. He testified that staff supported necessary variances to reasonably accommodate a pool screen enclosure, privacy fence, and pool accessories, but did not support rear setback variances for a pool enclosure and shed. Specifically, staff supported a side yard of 10 ft. for the pool screen enclosure and 9 ft. for the fence, as this would allow for reasonable use of the pool, while minimizing the encroachment and variance requested. Staff also supported a variance for the pool accessory (pump), as the applicant inherited the pool pump where it was. Additionally, the pool pump was not causing a problem, and there was no place else to locate it to meet the city code. He advised that staff did not support a variance from the rear setback for the screen enclosure and shed. He explained that the screen enclosure could be easily relocated to meet the existing city code requirement; and the shed was in disrepair, deteriorating, and not suitable as a host structure for support of the enclosure. He advised that staff recommended that the shed be demolished and replaced with a new shed which would be placed on the property to meet the current city code. The Board members viewed photographs and a survey of the subject property. He advised that the pool was constructed in 1979. Discussion followed. Dr. Parker-Jones, Petitioner, addressed the Board and answered various questions from the Board members. She affirmed that her family was highly allergic to mosquito bites; and that Cabbage Palms and a Banyan tree drop leaves, blooms, and berries into the pool. Todd Morley, Building Official, addressed the Board regarding encroachment of pads for emergency generators. Lamar Russell and John Fredrickson commented that they supported staff recommendation. Miles Komura, 211 Taylor Avenue, citizen, commented that he supported the request. Donald Dunn commented that the screen enclosure should be closer to the pool to allow three feet around the pool. Discussion followed regarding staff recommendation. Motion by Harry Pearson, seconded by John Fredrickson, to recommend approval of Variance Request No. 09-02, to the Board of Adjustment, as per staffs recommendation. Vote on the motion carried unanimously. I • • City of Cape Canaveral, Florida P&Z Board November 18, 2009 STAFF REPORT Request: For the following Variances: (1) a screen enclosure side yard setback of 10 ft. rather than the 15 ft. called for by Section 110-584(a)(3); (2) a screen enclosure rear setback of 4 ft. rather than the 5 ft. per Section 110-384(a)(4) of the code; (3) a side yard setback from a public street right-of-way of 9 ft. for a six ft. high fence rather than the 25 ft. per Section 110-470(1); (4) a rear setback of 3.3 ft. for an accessory structure (shed) rather than the 5 ft. per Section 110-468(a); and (5) a side yard setback for pool accessories (pump) of 4 ft. 8 inches rather than the 15 ft. per Section 110-584(c) of the code. • Applicant and Owner: David D. Jones, MD and Heather Parker-Jones, PhD. Subject property: 201 Tyler Ave. Corner of Tyler and Poinsetta. ) 2 Future Land Use and Zoning designation: R-2, Residential G `� ( / Surrounding zoning: / 15 North — R-2, Residential f 7:2w East — R-2, Residential •South — R-2, Residential 1 Ll West — C-1 , Commercial lClk Surrounding uses: North — Residential East— Residential South — Residential West— Lavilla Apartments Description The Joneses purchased a townhome at 201 Tyler in June of 2008 for weekend use. The townhome was constructed in 1983 and the pool was constructed in 1986 without a screen enclosure. Members of Jones family are highly allergic to mosquito bites. In addition, cabbage palms and a banyan tree located adjacent to the pool drop leaves, berries, and blooms into the pool creating a maintenance issue. Therefore, the Joneses decided to have a screen enclosure constructed over the pool. Earlier this year they retained Coastal Craftsman to construct a screen enclosure. Unfortunately, Coastal Construction failed to pull the proper permits resulting in a screen enclosure that was constructed illegally, was not property engineered, and does not meet our code for side and rear setbacks. The Joneses did not realize that the enclosure was not properly permitted and that it did not meet our code. When it was brought to their (1„,,, (t& € c l -1"-( 1 ) W e C Ciel fe f /IC C vet ✓� a. -� �/ tr I't.N-G e- Ivo pe • 1 attention, they wanted to file for the proper permits and follow the provisions of our code. In evaluating their application for a screen enclosure, it was discovered that there were several nonconformities with the recently constructed screen enclosure and as 4-o well as existing privacy fence, shed, and pool pump. 17,,Ii.t... . Q Gw Our current code calls for a 15 ft. side yard setback for the pool, enclosure, and .4. accessories. The pool is 15 ft. from the side yard property line and meets the current 1 code. However, without a variance the screen enclosure would have to be built on the lip of the pool and therefore one would not be able to walk around the perimeter of the [Q�i/`!' pool. In order to allow for reasonable use of the pool and ability to walk around CvQ perimeter of the pool the applicant is requesting side setback of 10 ft. for screen � jFit tf� enclosure rather than 15 ft. per code. The applicant is also requesting a rear setback of ,, 4 ft. rather than 5 ft. per code in order to keep the screen enclosure as is currently i wfs installed along the rear of the pool deck. The applicant is requesting a fence setback of 0 9 ft. rather than the 25 ft. per code in order to havc a 6 ft. high wooden stockade fence •4(,47 for privacy. In addition, they are requesting a variance for the pool equipment setback C4Iof 4'8" rather than 15 ft. per code. And finally a request for a rear setback variance for �tti the shed of 4ft. rather than 5 ft per code. a 4L L� Pertinent sections of code: w� i" Sec. 110-584. Minimum setbacks. a (a) The minimum setbacks for swimming pools, enclosures and accessories shall be d/ as follows and shall be in compliance with the electrical code as adopted in Chapter 82 _,{v of the City of Code of Ordinances: (1) Front, 25 feet (see subsection (b) of this section). S/ (2) Side (interior lot line), eight feet. VP"1. (3) Side (corner lot line), 25 feet; on all nonconforming lots of record 15 feet (see G \` tidrn subsection (b) of this section.) (4) Rear, five feet (see subsection (c) of this section). )ri. 04�/ (b) See section 110-536 for special setbacks. (c) In no event shall a swimming pool, screen enclosure or accessory feature be cNtj' located within 15 feet of a property line that abuts and runs parallel to a public street. ANif:Sec. 110-470. Fences, walls and hedges. a ,3'& (a) Fences and walls may be permitted in any yard, except as specified in section 110-469, w41'1. provided the following restrictions shall apply: V (1) In any residential district, no fence or wall in any side or rear yard shall be over six feet in height or over four feet in height if within 25 feet of any public right-of-way, unless otherwise specified in this section; Sec. 110-468. Accessory structures. (a) No accessory structure shall be erected in any front yard, and the accessory structure shall not cover more than 30 percent of any required rear setback. No separate accessory structures shall be erected within ten feet of any building on the same lot or within five feet of any lot line. An accessory structure shall not exceed 24 feet in height. However, a lot with a one- or two- I 2 • family residence only may have one additional accessory structure erected per unit, not to exceed 100 square feet with a maximum height of ten feet if detached or 32 square feet with maximum height of ten feet if attached in rear setback. In new construction an accessory building may not be constructed prior to the construction of the main building. No accessory building shall be used for any home occupation or business or for permanent living quarters; it shall contain no kitchen or cooking facilities. It may be used for housing temporary guests of the occupants of the main building. It is not to be rented or otherwise used as a separate dwelling. (b) Storage or utility sheds of a temporary nature, without a permanent foundation, not over 100 square feet in size or more than seven feet high, are exempt from this section, provided they are in the rear yard only. Variance evaluation criteria per Sec. 110-37 and Staff Analysis All variance recommendations and final decisions shall be based on an affirmative finding as to each of the following: 1. Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, buildings or structures in the same district. Screen enclosure - the pool is 15 ft. from the property line; without a variance it is not possible to construct an enclosure that would allow a person to walk around the pool. There is nothing peculiar about the pool and deck that would preclude the applicant from meeting the rear setback per code. Fence - a side yard setback of 25 ft. for a 6 ft. high fence is onerous. A corner lot cannot have a privacy fence that any other lot could have without giving up 25 ft. of side yard. Shed - A permit was pulled for a shed in 1986, but we are not sure that existing shed is the one the permit was pulled for. Regardless, the shed is not located per the permit or current code. There are no conditions peculiar to this property that would support the need for a rear setback variance. Accessories - given size and shape of the yard and location of the pool, there is no place per code to locate the pool accessories. 2. Literal interpretation of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. Screen enclosure - They would be deprived of having a screen enclosure over pool that allowed reasonable use of the pool. Fence - The applicant would be deprived of having a privacy fence that others in the same zoning district enjoy. 3 Shed - No, the applicant would not be deprived of right to have accessory structure (shed) that others would have. Accessories - Yes, no location per code for accessories. 3. The special conditions and circumstances referred to in subsection (1) do not result from the actions of the applicant. The only circumstance requiring a variance that is of the applicants doing is the rear setback for the screen enclosure. All other circumstances were existing when the applicants purchased the property. 4. Approval of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings, or structures in the same zoning district. No, it is not a special privilege to have a screen enclosure, privacy fence, and pool accessories in this zoning district. It is a special privilege to have an accessory structure (shed) that does not meet code. 5. The requested variance is the minimum variance from this chapter necessary to make possible the reasonable use of the land, building or structure. All requested variances are the minimum variance from the code to make reasonable use of the pool, enclosure, fence, shed, and accessories. 6. The approval of the variance will be in harmony with the general intent and purpose of this chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Ail requested variances are in harmony with general intent of the chapter and are not injurious to the neighborhood or detrimental to public welfare. Staff Recommendation to the Planning and Zoning Board Staff does not support variances necessary to allow for the screen enclosure as constructed, but it is clear that without a screen enclosure adequate mosquito control is not possible and maintenance of the pool would be burdensome. Staff supports necessary variances to reasonably accommodate a screen enclosure, privacy fence, and pool accessories, but staff does not support rear setback variances for pool enclosure and shed. Specifically, staff supports a side yard of 10 ft. for the screen enclosure and 9 ft. for the fence as this will allow for reasonable use of the pool while minimizing the encroachment and variance requested. Staff also supports pool accessory variance as the applicant inherited the pool pump where it is; it is not causing a problem; and there is no place to locate the pump per code. However, staff does not 4 support rear setback for enclosure and shed. The screen enclosure can easily be relocated to meet code and the shed is in disrepair and deteriorating and not suitable as a host structure for support of the enclosure. The shed should probably be demolished and replaced with a new shed per code. 5 a City of Cape Canaveral, Florida Board of Adjustment December 7, 2009 STAFF REPORT Request: For the following Variances: (1) a screen enclosure side yard setback of 10 ft. rather than the 15 ft. called for by Section 110-584(a)(3); (2) a screen enclosure rear setback of 4 ft. rather than the 5 ft. per Section 110-384(a)(4) of the code; (3) a side yard setback from a public street right-of-way of 9 ft. for a six ft. high fence rather than the 25 ft. per Section 110-470(1); (4) a rear setback of 3.3 ft. for an accessory structure (shed) rather than the 5 ft. per Section 110-468(a); and (5) a side yard setback for pool accessories (pump) of 4 ft. 8 inches rather than the 15 ft. per Section 110-584(c) of the code. Applicant and Owner: David D. Jones, MD and Heather Parker-Jones, PhD. Subject property: 201 Tyler Ave. Corner of Tyler and Poinsetta. Future Land Use and Zoning designation: R-2, Residential Surrounding zoning: North — R-2, Residential East — R-2, Residential South — R-2, Residential West — C-1, Commercial Surrounding uses: North — Residential East — Residential South — Residential West — Lavilla Apartments Description The Joneses purchased a townhome at 201 Tyler in June of 2008 for weekend use. The townhome was constructed in 1983 and the pool was constructed in 1986 without a screen enclosure. Members of Jones family are highly allergic to mosquito bites. In addition, cabbage palms and a banyan tree located adjacent to the pool drop leaves, berries, and blooms into the pool creating a maintenance issue. Therefore, the Joneses decided to have a screen enclosure constructed over the pool. Earlier this year they retained Coastal Craftsman to construct a screen enclosure. Unfortunately, Coastal Construction failed to pull the proper permits resulting in a screen enclosure that was constructed illegally, was not property engineered, and does not meet our code for side and rear setbacks. The Joneses did not realize that the enclosure was not properly permitted and that it did not meet our code. When it was brought to their 1 attention, they wanted to file for the proper permits and follow the provisions of our code. In evaluating their application for a screen enclosure, it was discovered that there were several nonconformities with the recently constructed screen enclosure and as well as existing privacy fence, shed, and pool pump. Our current code calls for a 15 ft. side yard setback for the pool, enclosure, and accessories. The pool is 15 ft. from the side yard property line and meets the current code. However, without a variance the screen enclosure would have to be built on the lip of the pool and therefore one would not be able to walk around the perimeter of the pool. In order to allow for reasonable use of the pool and ability to walk around perimeter of the pool the applicant is requesting side setback of 10 ft. for screen enclosure rather than 15 ft. per code. The applicant is also requesting a rear setback of 4 ft. rather than 5 ft. per code in order to keep the screen enclosure as is currently installed along the rear of the pool deck. The applicant is requesting a fence setback of 9 ft. rather than the 25 ft. per code in order to have a 6 ft. high wooden stockade fence for privacy. In addition, they are requesting a variance for the pool equipment setback of 4'8" rather than 15 ft. per code. And finally a request for a rear setback variance for the shed of 4ft. rather than 5 ft per code. • Pertinent sections of code: Sec. 110-584. Minimum setbacks. (a) The minimum setbacks for swimming pools, enclosures and accessories shall be as follows and shall be in compliance with the electrical code as adopted in Chapter 82 of the City of Code of Ordinances: (1) Front, 25 feet (see subsection (b) of this section). (2) Side (interior lot line), eight feet. (3) Side (corner lot line), 25 feet; on all nonconforming lots of record 15 feet (see subsection (b) of this section.) (4) Rear, five feet (see subsection (c) of this section). (b) See section 110-536 for special setbacks. (c) In no event shall a swimming pool, screen enclosure or accessory feature be located within 15 feet of a property line that abuts and runs parallel to a public street. Sec. 110-470. Fences, walls and hedges. (a) Fences and walls may be permitted in any yard, except as specified in section 110-469, provided the following restrictions shall apply: (1) In any residential district, no fence or wall in any side or rear yard shall be over six feet in height or over four feet in height if within 25 feet of any public right-of-way, unless otherwise specified in this section; Sec. 110-468. Accessory structures. (a) No accessory structure shall be erected in any front yard, and the accessory structure shall not cover more than 30 percent of any required rear setback. No separate accessory structures shall be erected within ten feet of any building on the same lot or within five feet of any lot line. An accessory structure shall not exceed 24 feet in height. However, a lot with a one- or two- 2 family residence only may have one additional accessory structure erected per unit, not to exceed 100 square feet with a maximum height of ten feet if detached or 32 square feet with maximum height of ten feet if attached in rear setback. In new construction an accessory building may not be constructed prior to the construction of the main building. No accessory building shall be used for any home occupation or business or for permanent living quarters; it shall contain no kitchen or cooking facilities. It may be used for housing temporary guests of the occupants of the main building. It is not to be rented or otherwise used as a separate dwelling. (b) Storage or utility sheds of a temporary nature, without a permanent foundation, not over 100 square feet in size or more than seven feet high, are exempt from this section, provided they are in the rear yard only. Variance evaluation criteria per Sec. 110-37 and Staff Analysis All variance recommendations and final decisions shall be based on an affirmative finding as to each of the following: 1. Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, buildings or structures in the same district. Screen enclosure - the pool is 15 ft. from the property line; without a variance it is not possible to construct an enclosure that would allow a person to walk around the pool. There is nothing peculiar about the pool and deck that would preclude the applicant from meeting the rear setback per code. Fence - a side yard setback of 25 ft. for a 6 ft. high fence is onerous. A corner lot cannot have a privacy fence that any other lot could have without giving up 25 ft. of side yard. Shed - A permit was pulled for a shed in 1986, but we are not sure that existing shed is the one the permit was pulled for. Regardless, the shed is not located per the permit or current code. There are no conditions peculiar to this property that would support the need for a rear setback variance. Accessories - given size and shape of the yard and location of the pool, there is no place per code to locate the pool accessories. 2. Literal interpretation of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. Screen enclosure - They would be deprived of having a screen enclosure over pool that allowed reasonable use of the pool. Fence - The applicant would be deprived of having a privacy fence that others in the same zoning district enjoy. 3 a Shed - No, the applicant would not be deprived of right to have accessory structure (shed) that others would have. Accessories - Yes, no location per code for accessories. 3. The special conditions and circumstances referred to in subsection (1) do not result from the actions of the applicant. The only circumstance requiring a variance that is of the applicants doing is the rear setback for the screen enclosure. All other circumstances were existing when the applicants purchased the property. 4. Approval of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings, or structures in the same zoning district. No, it is not a special privilege to have a screen enclosure, privacy fence, and pool accessories in this zoning district. It is a special privilege to have an accessory structure (shed) that does not meet code. 5. The requested variance is the minimum variance from this chapter necessary to make possible the reasonable use of the land, building or structure. All requested variances are the minimum variance from the code to make reasonable use of the pool, enclosure, fence, shed, and accessories. 6. The approval of the variance will be in harmony with the general intent and purpose of this chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. All requested variances are in harmony with general intent of the chapter and are not injurious to the neighborhood or detrimental to public welfare. Staff Recommendation to the Planning and Zoning Board Staff does not support variances necessary to allow for the screen enclosure as constructed, but it is clear that without a screen enclosure adequate mosquito control is not possible and maintenance of the pool would be burdensome. Staff supports necessary variances to reasonably accommodate a screen enclosure, privacy fence, and pool accessories, but staff does not support rear setback variances for pool enclosure and shed. Specifically, staff supports a side yard of 10 ft. for the screen enclosure and 9 ft. for the fence as this will allow for reasonable use of the pool while minimizing the encroachment and variance requested. Staff also supports pool accessory variance as the applicant inherited the pool pump where it is; it is not causing a problem; and there is no place to locate the pump per code. However, staff does not 4 Now or — support rear setback for enclosure and shed. The screen enclosure can easily be relocated to meet code and the shed is in disrepair and deteriorating and not suitable as a host structure for support of the enclosure. The shed should probably be demolished and replaced with a new shed per code. Planning and Zoning Board Recommendation: P&Z Board recommended approval of the side setback variance for the screen enclosure, the setback for the fence, and the setback for the pool accessories (pump) and recommended denial of the rear setback for the screen enclosure and the shed. This is the same as staffs recommendation. Staff Recommendation to the Board of Adjustment: Same as recommendation to the P&Z Board and the P&Z Board recommendation to the Board of Adjustment. I 0 I I I I I I I y y �} 5 MEMORANDUM Date: November 13, 2009 To: Planning and Zoning Board members From: Barry Brown, Planning and Development Director RE: November 13, 2009 P&Z Board Meeting There are three agenda items for this meeting. The first is a request for five variances to accommodate a pool screen enclosure, a privacy fence, accessory structure (shed), and pool accessory (pump) at 201 Tyler Avenue. The other two items are proposed ordinance revisions. We are proposing to amend Chapter 102 - Vegetation, to remedy a number of tree code related complaints; see Todd Morley's memo. In addition, we are proposing to amend Chapter 110-482, the underground utilities ordinance, to extend the requirement for the undergrounding of utilities to include redevelopment and renovations of existing buildings; see Mr. Morley's memo. 1J , ft'' oNCE AA, f ¢ :: � Cityof Cape Canaveral i ICommunity Development Department . , Certified No. 70081140000163224195 CITY OF CAPE CANAVERAL laszp November 24, 2009 Drs. David and Heather Jones FI L I 7228 Winding Lake Circle ®p r Oviedo, FL 32765 Dear Mr. and Mrs. Jones: The City of Cape Canaveral's Board of Adjustment will hold a Public Hearing to consider your variance request(s) on Monday, December 7, 2009, at 7:00 P.M., in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. If you have any questions or desire additional information, please contact the Community Development Department, 7510 N. Atlantic Avenue, P.O. Box 326, Cape Canaveral, Florida 32920 or telephone: (407) 868-1206. Sincer- !it,' L ,ccs Susan L. Chapman Secretary to the Board of Adjustment 7510 N.Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building&Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 www.ciryofcapecanaveral.org • email:ccapecanaveral@cfl.rr.com NOTICE OF PUBLIC 'TEARING - Variance 2quest No. 09-02 Notice is hereby given by the City of Cape Canaveral, that David D. Jones, MD and Heather Parker-Jones, PHD, property owners, 201 Tyler Avenue, Cape Canaveral, FL 32920, have requested the following variances from the Cape Canaveral Code of Ordinances, Zoning Regulations: (1) a screen enclosure side setback of 10 ft. rather than the 15 ft. called for by Section 110-584 and (2) a screen enclosure rear setback of 4 ft. rather than the 5 ft. per Section 110- 584 of the code. (3) a side yard setback from a public street right-of- way of 9 ft. for a six ft. high fence rather than the 25 ft. per Section 110-470. (4) a rear setback of 3.3 ft. for a shed rather than the 5 ft. per Section 110-468. (5) a side yard setback for pool accessories of 4 ft. 8 inches rather than the 15 ft. per Section 110-584 for the property described as follows: Parcel ID: 24-37-23-CG-00042.0- 0001.01, (201 Tyler Avenue). In accordance with the City Code of Ordinances No. 04-2008, this posting shall serve as notice that there will be a public hearing before the Cape Canaveral Planning and Zoning Board regarding the property noted above. The meeting will be held on Wednesday, November 18, 2009 at 7:00 p.m. at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL. The Planning & Zoning Board is advisory in nature and will make a recommendation to the Cape Canaveral Board of Adjustment with respect to the above-named property. The final administrative approval or denial will come before the Board of Adjustment at a subsequent scheduled meeting. Comments can be made in person or may be submitted in writing at the Planning & Zoning Board Meeting or to the City Clerk's Office at 105 Polk Avenue, Cape Canaveral, FL 32920. 51 Yo4ec) Q-)0,X1'" a-c) l /jra REQUEST FOR El LEGAL AD MAILING DATE 7-Z� -D ct REQUESTED BY: Susainka,orr>eto PROJECT NAME f.CM4 and ked—her<Jones PROJECT# d1-do._ I I y'IeI^ UP ite_ CHARGE ACCOUNT# 00 I - - - ZO 22-1D EDVARIANCE SITE PLAN REZONING El COMMUNITY APPEARANCE BOARD COMP PLAN AMENDMENT PRELIMINARY PLAT p SPECIAL EXCEPTION Ei FINAL PLAT SPECIAL INSTRUCTIONS: � m CU.�DI,IS�" 1p�""'- nt.QJI nary' Lo/in Sc CLERK'S OFFICE USE: SERVICE PROVIDED e"1-7`A-Se p�,il eeK7 —A-1Y 96 see a_Y1a.enn G; INITIAL DEPOSIT REQUIRED 139 ,Q(o VENDOR c 06C (7 INVOICE NUMBER • COST .ii+itieulu9 i i•tiA ilii Ah05336 Total 'x9.96 Lash Amount $8.88 Change CK #2066 Amount $39.96 Form CDD 612 Revised 3/18/2009 ab avid 4.- ca-i'h To/CS • 4,2 0I Tk'r A 1VonarL yes+ ScXeivv FAIGioEUrti I 3 cl -For mai/1,61g oum-e/r3 (4o-1) ( [ 9 city Of Cape Canaveral 105 Polk Ave. P.U. Box 326 cape Canaveral, fl 32924-8326 (321) 86b-1234 08112/2309 11:68 AM Receipt Ho. 810b5956 al M-804-202240 39.96 2krf Tyler Ave U.S. Postal Service CERTIFIED MAIL,. RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) Total 39'96 r-9 For delivery information visit r�r we5si.r:at:.v-.v.csps.com 8.00 FF r '� ` Cash nJ , E Check 2 2b66 s9.96 m Postage $ Be 8.00 Certified Fee ( V 3 200(] Chan 1 Y aPostmarkt David & Heather Jones Return Receipt Fee O (Endorsement Required) Here Custoeer h: uati 3B CD Restricted Delivery Fee (Endorsement Required) rR▪ Total Pc Drs. David ari therJones Sent To 7228 Winding Lake C rcIe Cashier: Qos o Oviedo, FL 32765 Station: LARt-�1AIN o treat.a; r- or PO Bo City Stat `ks ) _ PS Form 3800.August 2006 Sec Reverse for Instructions L. Hello Dr. Parker-Jones, The cost estimate for the mailing to property owners regarding your Variance request is $39.96. Please submit your payment to the City of Cape Canaveral at the address below. Upon receipt of the payment we will continue reviewing your request for a Variance for the screen enclosure located at 201 Tyler Avenue. Please contact me if you have any questions. Sincerely, Susan L. Chapman Administrative Assistant Community Development Department 7510 N. Atlantic Avenue Cape Canaveral, FL 32920-0326 Phone: (321)868-1205 E-Mail: chapman-cape@cfl,rr.com Web site: www.cityofcapecanaveral.org I I I I I I 0 C. VARIANCE MAILOUT COST ESTIMATE: Friday,July 31,2009 PROJECT NAME: David&Heather Jones,201 Tyler Avenue PROJECT#:Oq-(� MAILOUT— 74 pieces of mail @ .44/ea=$32.56 37 sheets of Cosmic Orange card stock @ .05/ea=$1.85 57 copies: 1 sided,2 up on 8 V2 x 11 @ .15/each= $5.55 TOTAL-$39.96 Mia Goforth, City Clerk's office p.,9 T 2oi T )r'Yvee : ProfcA Ado1 ee,ss • 63-8413/2670 2 0 6 6 DAVID D. JONES 0971783248 HEATHER PARKER-JONES /v/ 7228 WINDING LAKE CIR. 407-359-2572 DATE OVIEDO, FL 32765-5659 PAY TO THE CJ-/-11i o 2 CQ/2eCan v ✓ , I $ 3 /l . yV ,7 71' i1y nti QV C!/ /4/` � q/ WOLLARS t M M FMUIn Deteos al Dna. V.i Washington Mutual &ad Cu tome l• Washington Mutual Bank,FA Winter Springs/Tuscawilla 3.711 5601 Red Bug Lake Road 1.800-788-7000 Winter Springs,FL 32708 ai hour Customer Service ,, s // NP NOTES Varianc� tea. _ . - - - - _ ___ I: 26 7084 L 3 Li: 09 7 78 3 24811' 2066 -...-.- - -1 PARKER-JONES500 HEATHER PARKER-JONES AERO SPACE WORKERS INC Page 1 171 TAYLOR AVE CAPE CANAVERAL FL 32920 AMS HOLDINGS LLC ANDERSON,JINNIE A ASKIN,JEROME J 131 JAMAICA DR ANDERSON,GARY W 211 E HAYES AVE COCOA BCH FL 32931 209 TYLER AVE COCOA BCH FL 32931 CAPE CANAVERAL FL 32920 BARNETT,BETTY P BEHL,KENNETH R JR BENDRICK,JAMES J 7501 POINSETTA AVE 256 POLK AVE KELLEY,PATRICIA A CAPE CANAVERAL FL 32920 CAPE CANAVERAL FL 32920 7665 ORANGE AVE CAPE CANAVERAL FL 32920 BROWN,CHRISTOPHER D BROWN,JANE A BROWN,WILLIAM BROWN,BARBARA H/W 212 PIERCE AVE BROWN,PATRICIA H/W 1360 SANIBEL LN CAPE CANAVERAL FL 32920 276 TYLER AVE MERRITT ISLAND FL 32952 CAPE CANAVERAL FL 32920 CANAVERAL COUNSELING CENTER INC CAPE CANAVERAL PROPERTY LLC CAPE CANAVERAL,CITY OF P 0 BOX 1612 P 0 BOX 89 105 POLK AVE CAPE CANAVERAL FL 32920 FOLLY BEACH SC 29439 CAPE CANAVERAL FL 32920 CEUNINCK,BRIAN JAMES CLINE,DARREN CLINE,TANIA C CEUNINCK,LAURA LYNN H/W CLINE,TANIA H/W CLINE,DARREN E H/W 1852 FOROUGH CIRCLE 2404 CARIBBEAN CT 2404 CARIBBEAN CT PORT ORANGE FL 32128 ORLANDO FL 32805 ORLANDO FL 32805 CONOSCENTI,GIUSEPPE COOK,CYNTHIA C DAVIS,DAVID W CONOSCENTI,LOUISE H/W 246 POLK AVE DAVIS,MAY L H/W 395 CARMINE DR CAPE CANAVERAL FL 32920 P 0 BOX 320833 COCOA BCH FL 32931 COCOA BCH FL 32932 DBNCH CIRCLE LLC DOAN,ARTHUR L III DROUIN,JEANNINE F P 0 BOX 52085 844 TIFFANY PLACE P 0 BOX 672 PHOENIX AZ 85072 ROCKLEDGE FL 32955 CAPE CANAVERAL FL 32920 DURIGON,JENNIFER FINNISS,CAROLE A FLACK,WILLIAM M RR 1 14700 CONCESSION 8 FINNISS,DONALD R TRUST NACHISON,AUDREY SCHOMBERG ON LOG 1TO 308 TYLER AVE 712 BAYSIDE DRIVE CANADA CAPE CANAVERAL FL 32920 CAPE CANAVERAL FL 32920 GAROFANO,DENNIS E GATTUSO,MARYANN C GLENCROSS,ALBERT E 7507 POINSETTA AVE KAUP,RUSSELL GLENCROSS,LA VONA V H/W TRUSTEES CAPE CANAVERAL FL 32920 108 TYLER AVE 68251 FARRELL LANE CAPE CANAVERAL FL 32920 CATHEDRAL CITY CA 92234 PARKER-JONES500 GREWE,LARRY L CREWE;LYNNE I Page 2 GREWE,JOYCE L TRUSTEES SHAHSHAHANI,BEN M H/W 266 POLK AVE 2030 MILLS AVENUE CAPE CANAVERAL FL 32920 MENLO PARK CA 94025 HAMPTON,CARLTON I HANCE,CHARLES HARRIS,N PATRICIA HAMPTON,BILLY R H/W HANCE,SHARON LEE H/W 1357 ROCKLEDGE DR 7606 POINSETTA AVE P 0 BOX 55454 ROCKLEDGE FL 32955 CAPE CANAVERAL FL 32920 RIVERSIDE CA 92517 HIGGINS,RICHARD A HILDRETH,ERIC L HOPE MANAGEMENT LLC 220 HARRISON AVE 7604 ORANGE AVE 357 MILFORD POINT RD CAPE CANAVERAL FL 32920 CAPE CANAVERAL FL 32920 MERRITT ISLAND FL 32952 IAIZZI,H WILLIAM JAMES,ROBERT E JONES,DAVID DWAYNE 7505 POINSETTA AVE JAMES,H ANN TRUSTEES PARKER-JONES,HEATHER H/W CAPE CANAVERAL FL 32920 3610 LAURETTE RD 7228 WINDING LAKE CIR MERRITT ISLAND FL 32952 OVIEDO FL 32765 JONES,DAVID E KATZ,SETON KOMORA,MILES R 21 SOUTH END AVE#621 KATZ,MILES KOMORA,CINDY E H/W NEW YORK NY 10280 131 JAMAICA DR 211 TYLER AVE COCOA BCH FL 32931 CAPE CANAVERAL FL 32920 KOWALSKY,ALBERT F KULAC,MARIANNE G LIPE,PATRICIA V KOWALSKY,MARGARET A H/W 155 JAMAICA DR 2843 ORANGO GROVE WAY P 0 BOX 1737 COCOA BCH FL 32931 PALM HARBOR FL 34684 CAPE CANAVERAL FL 32920 MADSEN,DELBERT B MANLEY,OTTIS MARINO,CARMEN J SR TRUSTEE MADSEN,IRENE F H/W MANLEY,MYRNA D H/W 203 TYLER AVENUE 7420 ORANGE AVE 236 POLK AVE CAPE CANAVERAL FL 32920 CAPE CANAVERAL FL 32920 CAPE CANAVERAL FL 32920 MC DEVITT PROPERTIES LLC MEONI,ROSEMARIE TRUST MOORE,ANITA 7404 ATLANTIC AVE N STE 200 463 NAISH AVE 212 HARRISON ST CAPE CANAVERAL FL 32920 COCOA BCH FL 32931 P 0 BOX 748 CAPE CANAVERAL FL 32920 MOORES,GERALD A MOOTS,RUSSELL L MORGAN,JAMES E SR MOORES,JUDITH E H/W 226 POLK AVE MORGAN,VIRGINIA G TRUSTEES 275 E TYLER CAPE CANAVERAL FL 32920 116 TYLER AVE CAPE CANAVERAL FL 32920 CAPE CANAVERAL FL 32920 MOSHER,CUBERTA D MURRAY,GERALD G JR NEELY,REBECCA J 2205 HEATHROWE PL 21 COLONIAL DR 210 HARRISON AVE RALIEGH NC 27609 COCOA BCH FL 32931 CAPE CANAVERAL FL 32920 PARKER-JONES500 PADGETT,STEVEN.) PARMAN,RICHARD A Page 3 245 TYLER AVE PARMAN, NORMA G TRUSTEES CAPE CANAVERAL FL 32920 P 0 BOX 1601 CAPE CANAVERAL FL 32920 PEEL,NANCY ELIZABETH PIERRE,RICHARD W REEBALS,FRED W JR 214 HARRISON AVE 345 SYKES COVE DR REEBALS,PAULINE M H/W CAPE CANAVERAL FL 32920 MERRITT ISLAND FL 32952 1761 WOODBINE DRIVE BIRMINGHAM AL 35216 REINHART,GEORGE A JR ROHRMANN,RICHARD E SAYLOR,RICHARD E REINHART,LOIS R H/W GIGER,MICHELE E SAYLOR,PATRICIA EILEEN H/W 263 E TYLER AVE 766 OLYMPIC CIR 8375 ROSILAND AVE CAPE CANAVERAL FL 32920 OCOEE FL 34761 CAPE CANAVERAL FL 32920 SEPPI,TIMOTHY J SHAW,MANUEL E STANTON,KATHERINE L 1621 LITTLE CREEK SHAW,CHRISTOPHER R 174 WEST WALK CHESTER MD 21619 7422 ORANGE AVE WEST HAVEN CT 6516 CAPE CANAVERAL FL 32920 SWISHER,CARL R TEDDER,MARY L TREES FOR SQUIRRELS LLC SWISHER,KAREN L 129 HARRISON AVE 212 FILMORE AVENUE 10368 SW 10TH ST CAPE CANAVERAL FL 32920 CAPE CANAVERAL FL 32920 TOWANDA KS 67144 VAUGHN,ROGER C JR WATSON,PHYLLIS B WINDHORST,JON C TRUSTEE P 0 BOX 321202 257 TYLER AVE P 0 BOX 540640 COCOA BCH FL 32932 CAPE CANAVERAL FL 32920 MERRITT ISLAND FL 32954 WOJEWODA,EUGENE A WOJEWODA,PATRICIA A CO-TRUSTEES 830 N ATLANTIC#1604 COCOA BCH FL 32931 %,C L -✓ !Y�'�. IF �-.J 1 `� +�, City of Cape Canaveral " 1may -� Board of Adjustment ; ',4 2...'..W Variance Order `�,.,euuMavaaa.; I. Applicant's Name: ,Z 7 Y1 ,I,04/0-5,4e) 117*-2 P,�IZ7 i -1O/Yf� II. Application Number: 49'02- III. Hearing Date: /Z/%7 IV. A variance shall not be granted to authorize a use not generally,or by special exception,permitted in the district involved or any use expressly or by implication prohibited by Chaptel 10 of the City Code. Is the Applicant's variance request authorized by the City Code? Yes No V. All development orders (including variances) must be consistent with the City's Comprehensive Plan. §163.3194,Fla. Stat; §110-27(e),Cape Canaveral Code. Is the Applicant' variance request consistent with the City of Cape Canaveral's Comprehensive Plan? Yes V No VI. All variance decisions must also be based on the affirmative finding as to each of the following criteria: (1) That special conditions and circumstances exist.which are peculiar to the land,structure or building involved which are not applicable to other lands, buildings or structures in the same zoning Ntrict. Yes r No Not Applicable Board of Adjustment Variance Order Page 1 of 4 (2) That the literal interpretation of Chapter 110 of the City Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Chapter and would work unnecessary and undue hardship on the applicant.an Yes ✓ No Not Applicable (3) That the special conditions and circumstances referred to in subsection(1)do not result from the actions of the applicant. Yes No Not Applicable (4) That the approval of the variance requested will not confer on the applicant any special privilege that is denied by Chapter 110 of the City Code to other lands,buildings,or structures in the same z ning district. No Not Applicable pplicable (5) That the requested variance is the minimum variance from Chapter 110 of the City Code necessary to make possible the reasonable use of the land,building or structure. Yes I No Not Applicable VII. Are there any other applicable requirements of federal,state,local law,City Charter,or City Code Board of Adjustment Variance Order Page 2 of 4 that must be complied with by the applicant? A. Yes (cite below) No B. If yes to VII A,does the variance requested comply with the applicable federal,state, local law,City Charter,or City Code requirements? Yes No VIII. Based on the evidence and testimony presented at the hearing,and based on the legal requirements set forth above,the Board of Adjustment hereby makes the following final decision regarding the aforementioned application: Approved with no conditions/safeguards Approved with the following additional conditions and safeguards imposed by the Board: 77 c4 4'/, /X g i47/40W•Y. � Z s �//1 .4X,P0//yam o/z - 'i ion Denied for the following reasons: IX. Pursuant to Section 110-33,Cape Canaveral Code,any party aggrieved by any final decision of the Board of Adjustment shall have the right to appeal the final decision to the City Council. Any such Board of Adjustment Variance Order Page 3 of 4 SO appeal must be filed with the City Manager within ten(10)calendar days of the date of the Board of Adjustment's final decision. The City Manager shall schedule the appeal for the next regular City Council meeting. The City Council shall hear and consider the appeal de novo and consider evidence and testimony of any interested party. The Council shall have the right to either affirm or reverse,in whole or in part,the decisions of the Board of Adjustment. The City Council's decision shall be final and subject to appeal to a Court of Competent Jurisdiction. FAILURE OF ANY AGGRIEVED PARTY TO APPEAL A DECISION OF THE BOARD OF ADJUSTMENT TO THE CITY COUNCIL WITHIN TEN (10) CALENDAR DAYS SHALL BE DEEMED A WAIVER OF THAT PARTY'S RIGHT TO JUDICIAL REVIEW AND THE BOARD OF ADJUSTMENT'S DECISION SHALL THEN BE DEEMED FINAL. A copy of a Notice of Appeal form is attached to this order. Done and Ordered this the 77H day of / , 20 . Attest: Chairman Recordi _ - - • Board of Adjustment Variance Order Page 4 of 4 City of Cape Canaveral Board of Adjustment Meeting Minutes December 7, 2009 A Meeting of the City of Cape Canaveral Board of Adjustment was held on December 7, 2009 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Assistant City Attorney, Kate Latorre, called the meeting to Order at 7:00 P.M., Shortly thereafter, Chairperson Bond entered the meeting. The Secretary called the Roll. MEMBERS PRESENT: John Bond Chairperson Paula Collins Vice Chairperson Dennis Jenkins George Sweetman Douglas Raymond 1st Alternate MEMBERS ABSENT: Linda Brown OTHERS PRESENT: Susan Chapman Secretary Kate Latorre Assistant City Attorney Robert Hoog Mayor Pro Tern Barry Brown Planning & Development Director All persons giving testimony were sworn in by Assistant City Attorney, Kate Latorre. NEW BUSINES 1. Motion Re: Approval of Meeting Minutes—August 31, 2009. Motion by Dennis Jenkins, seconded by John Bond, that the meeting minutes of August 31, 2009, be approved as written. The motion passed unanimously by a voice vote. 2. Motion Re: Variance Request No. 09-02 to Allow a Screen Enclosure Side Setback of 10 ft.; a Screen Enclosure Rear Setback of 4 ft.; a Side Yard Setback of 9 ft. for a Shed; and a Side Yard Setback of 4 ft. 8 in. for Pool Accessories — Section 23, Township 24 South, Range 37 East, Block 42, Lot 1.01, Avon by the Sea Subdivision, (201 Tyler Avenue) — David D. Jones, MD and Heather Parker-Jones, PhD, Petitioners. Board of Adjustment Meeting Minutes December 7, 2010 Page 2 John Bond, Chairperson, read the agenda item for the record. Barry Brown, Planning & Development Director, gave his staff report. He advised that this was a request for variances as read by Chairperson Bond. The surrounding zoning to the north, east, and south were R-2 residential, and to the west C-1 commercial; surrounding uses to the north, east, and south were residential and to the west LaVilla Apartments. Mr. Brown advised that the Joneses purchased the townhome in June of 2008, for weekend use. The townhome was constructed in 1983, and the pool was constructed in 1986, without a screen enclosure. Members of their family are highly allergic to mosquito bites. In addition, Cabbage Palms and a Banyan tree, located adjacent to the pool, drop leaves, berries, and blooms into the pool creating a maintenance issue. Therefore, the Joneses decided to have a screen enclosure constructed over the pool. Earlier this year, they retained Coastal Craftsman to construct the screen enclosure. Unfortunately, the contractor failed to obtain the required permit, resulting in the screen enclosure being constructed illegally. The screen enclosure was also not properly engineered, and did not meet the city code for side and rear setbacks. The Joneses did not realize that the enclosure was not properly permitted and that it did not meet the city code. When it was brought to their attention, they wanted to file for the proper permits and follow the provisions of the city code. In evaluating their application for the screen enclosure, staff discovered that there were several nonconformities with the recently constructed screen enclosure, as well as an existing privacy fence, shed, and pool pump. The Board members viewed current photos and site plan of the property. Mr. Brown depicted areas where the variances were being sought. Mr. Brown explained that the current city code called for a 15 ft. side yard setback for the pool, enclosure, and accessories. The pool was 15 ft. from the side yard property line and met the current code. However, without a variance the screen enclosure would have to be built on the lip of the pool, and one would not be able to walk around the perimeter of the pool. In order to allow reasonable use of the pool, the applicants were requesting a side setback of 10 ft. for the screen enclosure, rather than 15 ft.; the applicants were also requesting a rear setback of 4 ft. rather than 5 ft. in order to keep the screen enclosure as currently installed along the rear of the pool deck; the applicants were requesting a fence setback of 9 ft. rather than 25 ft. to allow for the 6 ft. high wood stockade privacy fence. In addition, the applicants were requesting a variance for the pool equipment (accessories), a setback of 4 ft. 8 in. rather than 15 ft.; and finally,they were requesting a rear setback variance for the shed of 4 ft. rather than 5 ft. Discussion was held regarding a six foot high wooden privacy fence that ran along the rear property line of the building that had been installed by the original developer. Mr. Brown advised that he would research the code and get back to the Board on whether or not the fence complied with city code. N Board of Adjustment Meeting Minutes December 7, 2009 Page 3 Mr. Brown gave staffs analysis and variance evaluation criteria, as per city code Section 110-37. He advised that special conditions and circumstances existed which were peculiar to the land, structure, or building involved which were not applicable to other lands, buildings or structures in the same zoning district. He advised that the pool was 15 ft. from the property line, and without a variance it was not possible to construct an enclosure that would allow a person to walk around the pool. There was nothing peculiar about the pool and deck that would preclude the applicants from meeting the rear setback. A side yard setback of 25 ft. for a 6 ft. high fence was onerous. He explained that a corner lot could not have a privacy fence that any other lot could have without giving up 25 ft. of the side yard. He advised that a permit was pulled for a shed in 1986, but staff was unable to determine if the permit was pulled for the existing shed. Regardless, the shed was not placed in the location shown on the permit or in the location that the current city code allowed. He advised that there were no conditions peculiar to the property that would support the need for a rear setback variance, given the size and shape of the yard and the location of the pool; and there was no other place to locate the pool accessories to meet city code requirements. Mr. Brown gave his interpretation of Section 110-37. He advised that the applicant would be deprived of rights commonly enjoyed by other properties in the same zoning district, under the terms of the applicable chapter and would be an undue hardship on the applicants. He advised that the property owners would be deprived of having a screen enclosure over a pool that allowed reasonable use of the pool; they would be deprived of having a privacy fence that others in the same zoning district enjoy; there was no other location for accessories to meet the city code; however, the owners would not be deprived of the right to have an accessory structure (shed)that others would have. Mr. Brown advised that the variances requested would not confer, on the applicants, any special privilege(s) that were denied by the city code to other lands, building or structures in the same zoning district. He advised that it was not a special privilege to have a screen enclosure, privacy fence, and pool accessories in the R-2 residential zoning district, but it was a special privilege to have an accessory structure (shed) that did not meet the city code. He verified that the requested variances were the minimum variances necessary to make possible the reasonable use of the pool, enclosure, fence, shed, and accessories. He advised that the approval of the variances would be in harmony with the general intent and purpose of the city code, and would not be injurious to the neighborhood or otherwise detrimental to the public welfare. Board of Adjustment Meeting Minutes December 7, 2009 Page 4 Mr. Brown advised that the variances requested would not confer, on the applicants, any special privilege(s) that were denied by the city code to other lands, building or structures in the same zoning district. He advised that it was not a special privilege to have a screen enclosure, privacy fence, and pool accessories in the R-2 residential zoning district, but it was a special privilege to have an accessory structure (shed) that did not meet the city code. He verified that the requested variances were the minimum variances necessary to make possible the reasonable use of the pool, enclosure, fence, shed, and accessories. He advised that the approval of the variances would be in harmony with the general intent and purpose of the city code, and would not be injurious to the neighborhood or otherwise detrimental to the public welfare. Mr. Brown gave city staff's recommendation. He advised that staff did not support variances necessary to allow for the screen enclosure as constructed, but it was clear that without a screen enclosure adequate mosquito control was not possible and maintenance of the pool would be burdensome. Staff supported necessary variances to reasonably accommodate a screen enclosure, privacy fence, and pool accessories. He clarified that staff supported a side yard of 10 ft. for the screen enclosure and 9 ft. for the fence, as it would allow for reasonable use of the pool while minimizing the encroachment and variances requested. He advised that staff also supported a pool accessory variance, as the applicant inherited the pool pump where it was, and it was not causing a problem, and there was no other place to locate the pump to meet the city code. However, staff did not support variances from the rear setback for the pool enclosure or shed. He explained that the pool enclosure could easily be relocated to meet the city code, and the shed was in a state of disrepair and deteriorating and not suitable as a host structure for support of the pool enclosure and shed. Mr. Brown explained that the pool enclosure could easily be relocated to meet the city code, and the shed was in a state of disrepair and deteriorating, and not suitable as a host structure for support of the pool enclosure. Staff also recommended that the shed be demolished and replaced with a new shed that would meet the city code. Mr. Brown advised that the Planning & Zoning Board recommended approval of the side setback variance for the pool enclosure, the setback for the fence, and the setback for the pool accessories (pump), and recommended denial of the rear setback for the screen enclosure and the shed, which was the same recommendation given by city staff. Discussion followed. Board of Adjustment Meeting Minutes December 7, 2009 Page 5 Dr. Heather Parker-Jones, Petitioner, testified that when they purchased the townhouse the pool was already there, so they decided to make the pool area safe for her children and husband who are all severely allergic to mosquitoes, and installed the screen enclosure. The hired contractor made it clear that it would take them a certain amount of time to construct the enclosure, because they had to apply for a permit, which they never did. She advised that they did not find out about the permit until they were in the process of building the enclosure. She further testified that the screen enclosure was only partially finished; the maintenance around the pool area was even worse now, because the panels were falling into the pool, bringing along debris from the trees. She advised that if the variance for the enclosure was approved, they would speak to Coastal Craftsmen and have them work with the city to draw up the plans that met the code and obtain the required permit. Discussion followed. Dennis Jenkins asked if there would be any administrative action taken by the building department against the contractor. Dr. Jones answered that the contractor was given a citation and fined $500 for starting the work without a permit. Chairperson Bond suggested that another condition be added, if the variance is approved for the pool pump, that it be screened from view. Discussion continued. Motion by Dennis Jenkins, seconded by John Bond, to grant the Variance Request No. 09-02, per staff recommendations, with the addition that the rear setback be modified to accommodate the screen enclosure; and whatever slight modifications need to be made to address the rear fence setback consistent with City code. Vote on the motion carried unanimously. 3. Consensus Re: Selection of a New Meeting Night. Barry Brown, Planning & Development Director, advised that the Board needed to choose a different night to meet, because after the first of the year, there would be no more meetings held on Monday evenings. He advised that the Board packets contained a sample monthly calendar. He explained that all city meetings would be held in the public library, sometime after the first of the year, and the current meeting room would be used by the Sheriff's department. Following discussion, by unanimous consensus, the Board chose to meet on a Thursday evening. DISCUSSION: Barry Brown, Planning Director, advised that the visioning workshops concluded, and the East Central Florida Regional Planning Council completed a draft of the Final Visioning Report. He explained that the City Council wanted each of the advisory boards to have an opportunity to review the report, and then convey any thoughts they might have regarding the report back to them. Discussion followed. Board of Adjustment Meeting Minutes December 7, 2009 Page 6 Dennis Jenkins commented that staff and everyone involved had done an excellent job thus far. He advised that he had a few minor criticisms, but they did not have anything to do with the final report, and he would meet with Mr. Brown privately. He commented that the city's east limit on the beach appeared to run along the dune line, except in three places where it seemed to go out past the low tide line. He questioned why and noted that all three properties were constructed by Benko Construction for Towne Realty. Barry Brown responded that he did not know the answer, but would check on that and get back to him. John Bond commented that he hoped the Ridgewood Avenue improvements would be a catalyst to jumpstart the action plan. Dennis Jenkins asked if there were any plans to recruit water front restaurants. Barry Brown explained that the city currently did not have zoning that allowed water front restaurants, and some rezoning may have to take place to accommodate those types of establishments. Dennis Jenkins asked if the city could be proactive, before an investor wants to come in and build one. Barry Brown answered "yes", and explained the process on how the city will accomplish that through an action plan that will be created by city staff to implement the action items identified in the final visioning report. The action plan would be presented to the City Council at a workshop after the 1st of next year, and then the process would begin. He pointed out that one of the first things to accomplish would be to establish mixed-use zoning, and gave examples of same. He noted that other uses would be established that the city does not currently allow, such as farmers markets. Barry Brown advised that the city website would be updated informing of the continuous progress, as well as e-mails to everyone on the list, which included all the Board members, because the city wants citizens to stay engaged in the process. He asked that the members call or e-mail him with suggestions or thoughts. Discussion was held regarding creating a downtown. There being no further business the meeting was adjourned at 8:20 p.m. Approved on this / day of ,/i/2/- , 2010. John Bond, Chairperson . - „ L. 0.j, ti•.—.-- Susan L. Chapman, Se retary MEMORANDUM Date: December 1, 2009 To: Board of Adjustment members From: Barry Brown, Planning and Development Director RE: December 07, 2009 Board of Adjustment Meeting The first item on the agenda is a request for five variances to accommodate a pool screen enclosure, a privacy fence, accessory structure (shed), and pool accessory (pump) at 201 Tyler Avenue. Please see my memo for a detailed description. The second item on the agenda is a review and discussion of the "draft" Final Visioning Report. The City Council has requested that all advisory boards review the visioning report and provide their thoughts which will be conveyed back to the Council. A CD of the report is included in your packet. You can also visit the East Central Florida Regional Planning Council website and download the report. To access the report visit www.ecfrpc.org and click on "ftp access" on the right hand side of the homepage. To view in Windows Explorer, click "Page", and then click "Open FTP Site in Windows Explorer". To download files type: Username: pdownload Password: 219dlpublic The document is under the folder titled "Cape Canaveral Final Report". This is a large file and may take several minutes to download. Finally, the Board needs to pick a new night to meet as Monday night will no longer be available when we move into the new Council Chambers located in the library. See calendar for possible dates. Don't hesitate to call me if you have questions, 868-1206. CE j �54�' '�'''°s , ``' City of Cape Canaveral , , ,it , ,...,_,_±. itit Ail 44s, Community Development Department BOARD OF ADJUSTMENT MEETING h'— 1'�� 7, AGENDA 111 POLK AVENUE DECEMBER 7, 2009 7:00 P.M. CALL TO ORDER: ROLL CALL: NEW BUSINESS: 1. Motion Re: Approval of Meeting Minutes- August 31, 2009. 2. Motion Re: Variance Request No. 09-02 to Allow a Screen Enclosure Side Setback of 10 ft.; a Screen Enclosure Rear Setback of 4 ft.; a Side Yard Setback of 9 ft. from a Public Street Right-of-Way for a 6 ft. High Fence; a Rear Setback of 3.3 ft. for a Shed; and a Side Yard Setback of 4 ft. 8 in. for Pool Accessories - Section 23, Township 24 South, Range 37 East, Block 42, Lot 1.01, Avon by the Sea Subdivision, (201 Tyler Avenue) - David D. Jones, MD and Heather Parker-Jones, PHD, Petitioners. 3. Consensus Re: Selection of a New Meeting Night. OPEN DISCUSSION: ADJOURN: Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221 (48) hours in advance of the meeting. This meeting may include the attendance of one or more members of the Cape Canaveral City Council and/or Quasi-Judicial Board members who may or may not participate in Board discussions held at this public meeting. 7510 N.Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building&Code Enforcement: (321) 868-1222.1•2 Planning&Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 11 www.cityofcapecanaveral.org • email: ccapecanaveral@cfl.rr.com N hla,Ied 1\10 V. 3Y� November 2, 2009 NOTICE OF PUBLIC HEARING TO THE ADJACENT PROPERTY OWNER(S) Variance Request No. 09-02 Notice is hereby given by the City of Cape Canaveral, that David D. Jones, MD and Heather Parker-Jones, PHD, property owners, 201 Tyler Avenue, Cape Canaveral, FL 32920, have requested the following variances from the Cape Canaveral Code of Ordinances, Zoning Regulations: (1 ) a screen enclosure side setback of 10 ft. rather than the 15 ft. called for by Section 110-584 and (2) a screen enclosure rear setback of 4 ft. rather than the 5 ft. per Section 110-584 of the code. (3) a side yard setback from a public street right-of-way of 9 ft. for a six ft. high fence rather than the 25 ft. per Section 110-470. (4) a rear setback of 3.3 ft. for a shed rather than the 5 ft. per Section 110-468. (5) a side yard setback for pool accessories of 4 ft. 8 inches rather than the 15 ft. per Section 110-584 for the property described as follows: Legal Description: Township 24 South, Range 37 East, Section 23, Block 42, Lot 1 .01, Avon by the Sea Subdivision Parcel ID: 24-37-23-CG-00042.0-0001.01, (201 Tyler Avenue, Cape Canaveral, Florida 32920). In accordance with the City Code of Ordinances No. 04-2008, this letter shall serve as notice that there will be a public hearing before the Cape Canaveral Planning and Zoning Board regarding the property noted above. The meeting will be held on Wednesday, November 18, 2009 at 7:00 p.m. at the City Hall Annex, 1 1 1 Polk Avenue, Cape Canaveral, FL. The Planning 81 Zoning Board is advisory in nature and will make a recommendation to the Cape Canaveral Board of Adjustment with respect to the above-named property. The final administrative approval or denial will come before the Board of Adjustment at a subsequent scheduled meeting. Since your property may be located within 500-feet of this property, comments can be made in person or may be submitted in writing at the Planning 8T Zoning Board Meeting or to the City Clerk's Office at 105 Polk Avenue, Cape Canaveral, FL 32920.